(c) Is,
pursuant to statute, regulation or contract, entitled to payment for unused
sick leave; and

(d) Is
employed by the board of trustees of a school district that has, pursuant to
subsection 5 of NRS 391.180, provided for the payment of unused sick leave in
the form of purchase of service,

may cause to be
purchased on his behalf service credit, not to exceed the number of hours of
unused sick leave or 1 year, whichever is less. The full actuarial cost of the
service as determined by an actuary of the system must be paid for such a
purchase. Any service credit purchased pursuant to this subsection must be
included as a part of, and is not in addition to, service purchased pursuant to
subsection 2.

Sec. 3. This
act becomes effective on July 1, 1999.

________

CHAPTER 356, SB 51

Senate Bill No. 51Committee on Human Resources and Facilities

CHAPTER 356

AN ACT relating to educational personnel; authorizing
school districts, in determining the salaries of certain teachers, to give
credit to those teachers for previous teaching service earned in another state;
requiring the commission on professional standards in education to adopt
regulations for approval of the standards for licensing teachers of other states;
and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 391.160 is hereby amended to read as follows:

391.1601. The salaries of teachers and other employees must be
determined by the character of the service required. A school district shall
not discriminate between male and female employees in the matter of salary.

2. Each year
when determining the salary of a teacher who holds certification issued by the
National Board for Professional Teaching Standards, a school district shall add
5 percent to the salary that the teacher would otherwise receive in 1 year for
his classification on the schedule of salaries for the school district if:

(a) On or before
September 15 of the school year, the teacher has submitted evidence
satisfactory to the school district of his current certification; and

(b) The teacher
is assigned by the school district to provide classroom instruction during that
school year.

No increase in salary
may be given during a particular school year to a teacher who submits evidence
of certification after September 15 of that school year. Once a teacher has
submitted evidence of such certification to the school district, the school
district shall retain the evidence in its records, as applicable, for future
school years. An increase in salary given in accordance with this subsection is
in addition to any other increase to which the teacher may otherwise be
entitled.

3. In
determining the salary of a licensed
teacher who is employed by a school district after [having] the teacher has been
employed by another school district in this state, the present employer shall,
except as otherwise provided in subsection [4:] 5:

(a) Give the teacher the same credit for previous
teaching service as he was receiving from his former employer at the end of his
former employment; and

(b) Give [him] the teacher credit for his final year of
service with his former employer, if credit for that service is not included in
credit given pursuant to paragraph (a).

4. A school district may give the credit
required by subsection 3 for previous teaching service earned in another state
if the commission has approved the standards for licensing teachers of that
state. The commission shall adopt regulations that establish the criteria by
which the commission will consider the standards for licensing teachers of
other states for the purposes of this subsection. The criteria may include,
without limitation, whether the commission has authorized reciprocal licensure
of educational personnel from the state under consideration.

5. This section does not:

(a) Require a school district to allow a teacher more
credit for previous teaching service than the maximum credit for teaching
experience provided for in the schedule of salaries established by it for its
licensed personnel.

(b) Permit a school district to deny a teacher credit for
his previous teaching service on the ground that the service differs in kind
from the teaching experience for which credit is otherwise given by the school
district.

[5.] 6. As used in this section, previous
teaching service means the total of:

(a) Any period of teaching service for which a teacher
received credit from his former employer at the beginning of his former
employment; and

(b) His period of
teaching service in his former employment.

Sec. 2. The
amendatory provisions of this act do not apply to the salaries of teachers who
are hired by a school district in this state before July 1, 2000.

Sec. 3. The
commission on professional standards in education shall adopt the regulations
required by the amendatory provisions of section 1 of this act on or before
January 1, 2000.

Sec. 4. 1.
This section and sections 2 and 3 of this act become effective upon passage
and approval.

2. Section 1 of
this act becomes effective at 12:01 a.m. on July 1, 1999, for the purpose of
adopting regulations and on July 1, 2000, for all other purposes.

________

κ1999
Statutes of Nevada, Page 1561κ

CHAPTER 357, SB 61

Senate Bill No.
61Committee on Judiciary

CHAPTER 357

AN ACT relating to business; providing for the creation
of business trusts; making various changes concerning other forms of business
organization; revising various provisions governing the filing of
organizational and related documents; revising certain provisions governing
sales of real property; providing penalties; and providing other matters
properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Title 7 of NRS is hereby amended by adding thereto a new chapter to
consist of the provisions set forth as sections 2 to 57, inclusive, of this
act.

Sec. 2. As used in this chapter, unless the
context otherwise requires, the words and terms defined in sections 3 to 12,
inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. Beneficial owner means the owner of a
beneficial interest in a business trust.

Sec. 4. Business trust means an unincorporated
association which:

1. Is created by a trust instrument under which
property is held, managed, controlled, invested, reinvested or operated, or any
combination of these, or business or professional activities for profit are
carried on, by a trustee for the benefit of the persons entitled to a
beneficial interest in the trust property; and

2. Files a certificate of trust pursuant to section 15
of this act.

The term includes, without limitation, a trust of the type
known at common law as a business trust or Massachusetts trust, a trust
qualifying as a real estate investment trust pursuant to 26 U.S.C. §§ 856 et
seq., as amended, or any successor provision, or a trust qualifying as a real
estate mortgage investment conduit pursuant to 26 U.S.C. § 860D, as amended, or
any successor provision. The term does not include a corporation as that term
is defined in 11 U.S.C. § 101(9).

Sec. 5. Foreign business trust means a
business trust formed pursuant to the laws of a foreign nation or other foreign
jurisdiction and denominated as such pursuant to those laws.

Sec. 6. Governing instrument means the trust
instrument that creates a business trust and provides for the governance of its
affairs and the conduct of its business.

Sec. 7. Registered office means the office of
a business trust maintained at the street address of its resident agent.

Sec. 8. Resident agent means the agent
appointed by a business trust upon whom process or a notice or demand
authorized by law to be served upon the business trust may be served.

Sec. 10. Signature means a name, word or mark
executed or adopted by a person with the present intention to authenticate a
document. The term includes, without limitation, an electronic symbol as
described in NRS 239.042.

Sec. 11. Street address of a resident agent
means the actual physical location in this state at which a resident agent is
available for service of process.

Sec. 12. Trustee means the person or persons
appointed as trustee in accordance with the governing instrument of a business
trust.

Sec. 13. The provisions of this chapter apply to
commerce with foreign nations and among the several states. It is the intention
of the legislature by enactment of this chapter that the legal existence of
business trusts formed pursuant to this chapter be recognized beyond the limits
of this state and that, subject to any reasonable requirement of registration,
any such business trust transacting business outside this state be granted
protection of full faith and credit pursuant to section 1 of article IV of the
Constitution of the United States.

Sec. 14. A business trust may be formed to carry
on any lawful business or activity.

Sec. 15. 1. One or more persons may form a
business trust by executing and filing with the secretary of state a
certificate of trust and a certificate of acceptance of appointment signed by
the resident agent of the business trust. The certificate of trust must set
forth:

(a) The name of the business trust;

(b) The name and the post office box or street address,
either residence or business, of at least one trustee;

(c) The name of the person designated as the resident
agent for the business trust, the street address of the resident agent where
process may be served upon the business trust and the mailing address of the
resident agent if different from the street address;

(d) The name and post office box or street address,
either residence or business, of each person signing the certificate of trust;
and

(e) Any other information the trustees determine to
include.

2. Upon the filing of the certificate of trust and the
certificate of acceptance with the secretary of state and the payment to him of
the required filing fee, the secretary of state shall issue to the business
trust a certificate that the required documents with the required content have
been filed. From the date of that filing, the business trust is legally formed
pursuant to this chapter.

Sec. 16. 1. A certificate of trust may be
amended by filing with the secretary of state a certificate of amendment signed
by at least one trustee. The certificate of amendment must set forth:

(a) The name of the business trust;

(b) The date of filing of the original certificate of
trust; and

(c) The amendment to the certificate of trust.

2. A certificate of trust may be restated by
integrating into a single instrument all the provisions of the original
certificate, and all amendments to the certificate, which are then in effect or
are to be made by the restatement.

by the restatement. The restated certificate of trust must
be so designated in its heading, must be signed by at least one trustee and
must set forth:

(a) The present name of the business trust and, if the
name has been changed, the name under which the business trust was originally
formed;

(b) The date of filing of the original certificate of
trust;

(c) The provisions of the original certificate of trust,
and all amendments to the certificate, which are then in effect; and

(d) Any further amendments to the certificate of trust.

3. A certificate of trust may be amended or restated at
any time for any purpose determined by the trustees.

Sec. 17. 1. The name of a business trust formed
pursuant to the provisions of this chapter must contain the words Business
Trust or the abbreviation B.T. or BT.

2. The name proposed for a business trust must be
distinguishable on the records of the secretary of state from the names of all
other artificial persons formed, organized, registered or qualified pursuant to
the provisions of this Title that are on file in the office of the secretary of
state and all names that are reserved in the office of the secretary of state
pursuant to the provisions of this Title. If a proposed name is not so
distinguishable, the secretary of state shall return the certificate of trust
containing it to the signers of the certificate, unless the written,
acknowledged consent of the holder of the name on file or reserved name to use
the same name or the requested similar name accompanies the certificate.

3. For the purposes of this section and section 18 of
this act, a proposed name is not distinguishable from a name on file or reserved
name solely because one or the other contains distinctive lettering, a
distinctive mark, a trade-mark or trade name, or any combination of these.

4. The name of a business trust whose certificate of
trust has been revoked, which has merged and is not the surviving entity or
whose existence has otherwise terminated is available for use by any other
artificial person.

5. The secretary of state may adopt regulations that
interpret the requirements of this section.

Sec. 18. 1. The secretary of state, when
requested to do so, shall reserve, for a period of 90 days, the right to use a
name available pursuant to section 19 of this act for the use of a proposed
business trust. During the period, the name so reserved is not available for
use or reservation by any other artificial person forming, organizing,
registering or qualifying in the office of the secretary of state pursuant to
the provisions of this Title without the written, acknowledged consent of the
person at whose request the reservation was made.

2. The use by any artificial person of a name in
violation of subsection 1 or section 17 of this act may be enjoined, even if
the document under which the artificial person is formed, organized, registered
or qualified has been filed by the secretary of state.

Sec. 19. Upon the filing of a certificate of
amendment or restatement with the secretary of state, or upon the future
effective date of such a certificate as provided for therein, the certificate
of trust is amended or restated as set
forth.

restated as set forth. Upon the filing of a certificate of
cancellation, or articles of merger in which the business trust is not a
surviving entity, with the secretary of state, or upon the future effective
date of the certificate or articles, the certificate of trust is canceled.

Sec. 20. A signature on any certificate
authorized to be filed with the secretary of state pursuant to a provision of
this chapter may be a facsimile. The certificate may be filed by telecopy or
similar electronic transmission, but the secretary of state need not accept the
filing if the certificate is illegible or otherwise unsuitable for the
procedures of his office.

Sec. 21. 1. Except as otherwise provided in the
certificate of trust, the governing instrument or this chapter, a business
trust has perpetual existence and may not be terminated or revoked by a
beneficial owner or other person except in accordance with the certificate of
trust or governing instrument.

2. Except as otherwise provided in the certificate of
trust or the governing instrument, the death, incapacity, dissolution,
termination or bankruptcy of a beneficial owner does not result in the
termination or dissolution of a business trust.

3. An artificial person formed or organized pursuant to
the laws of a foreign nation or other foreign jurisdiction or the laws of
another state shall not be deemed to be doing business in this state solely
because it is a beneficial owner or trustee of a business trust.

4. The provisions of NRS 662.245 do not apply to the
appointment of a trustee of a business trust formed pursuant to this chapter.

Sec. 22. A governing instrument may consist of
one or more agreements, instruments or other writings and may include or
incorporate bylaws containing provisions relating to the business of the
business trust, the conduct of its affairs, and its rights or powers or the
rights or powers of its trustees, beneficial owners, agents or employees. The
governing instrument may provide that one or more of the beneficial owners may
serve as trustee.

Sec. 23. 1. Except as otherwise provided in the
governing instrument, a beneficial owner participates in the profits and losses
of a business trust in the proportion of his beneficial interest to the entire
beneficial interest. A governing instrument may provide that the business
trust, or the trustees on its behalf, hold beneficial ownership of income
earned on securities owned by the business trust.

2. A creditor of a beneficial owner has no right to
obtain possession of, or otherwise exercise legal or equitable remedies with
respect to, property of the business trust.

3. A beneficial interest in a business trust is
personal property regardless of the nature of the property of the business
trust. Except as otherwise provided in the certificate of trust or the
governing instrument, a beneficial owner has no interest in specific property
of the business trust.

4. A beneficial interest in a business trust may be
evidenced by the issuance of certificates of ownership or by other means set
forth in the certificate of trust or the governing instrument.

5. Except as otherwise provided in the certificate of
trust or the governing instrument, a beneficial interest in a business trust is
freely transferable.

6. Except as otherwise provided in the certificate of
trust or the governing instrument, if a beneficial owner becomes entitled to
receive a distribution, he has the status of, and is entitled to all remedies
available to, a creditor of the business trust with respect to the
distribution. The governing instrument may provide for the establishment of record
dates with respect to allocations and distributions by a business trust.

7. The fact of ownership of a beneficial interest in a
business trust is determined, and the means of evidencing it are set forth, by
the applicable provisions of the certificate of trust or the governing
instrument.

Sec. 24. 1. Except during any period of vacancy
described in section 27 of this act, a business trust shall have a resident
agent who resides or is located in this state. A resident agent shall have a
street address for the service of process and may have a mailing address such
as a post office box, which may be different from the street address.

2. A business trust formed pursuant to this chapter
that fails or refuses to comply with the requirements of this section is
subject to a fine of not less than $100 nor more than $500, to be recovered
with costs by the state, before any court of competent jurisdiction, by action
at law prosecuted by the attorney general or by the district attorney of the
county in which the action or proceeding to recover the fine is prosecuted.

Sec. 25. 1. Within 30 days after changing the
location of his office from one address to another in this state, a resident
agent shall execute a certificate setting forth:

(a) The names of all the business trusts represented by
him;

(b) The address at which he has maintained the
registered office for each of those business trusts; and

(c) The new address to which his office is transferred
and at which he will maintain the registered office for each of those business
trusts.

2. Upon the filing of the certificate with the
secretary of state, the registered office of each of the business trusts listed
in the certificate is located at the new address set forth in the certificate.

Sec. 26. 1. If the resident agent is a bank or
an artificial person formed or organized pursuant to this Title, it may:

(a) Act as the fiscal or transfer agent of a state,
municipality, body politic or business trust, and in that capacity may receive
and disburse money.

(b) Transfer, register and countersign certificates
evidencing a beneficial owners interest in a business trust, bonds or other
evidences of indebtedness and act as agent of any business trust, foreign or
domestic, for any purpose required by statute or otherwise.

2. All legal process and any demand or notice
authorized by law to be served upon a business trust may be served upon its residentagent
in the manner provided in subsection 2 of NRS 14.020. If a demand, notice or legal process, other than a summons and complaint, cannot be
served upon the resident agent, it may be served in the manner provided in NRS
14.030.

legal process, other than a summons and complaint, cannot be
served upon the resident agent, it may be served in the manner provided in NRS
14.030. These manners of service are in addition to any other service
authorized by law.

Sec. 27. 1. A resident agent who desires to
resign shall file with the secretary of state a signed statement for each
business trust for which he is unwilling to continue to act. A resignation is
not effective until the signed statement is so filed.

2. The statement of resignation may contain a statement
of the affected business trust appointing a successor resident agent. A
certificate of acceptance executed by the new resident agent, stating the full
name, complete street address and, if different from the street address,
mailing address of the new resident agent, must accompany the statement
appointing a successor resident agent.

3. Upon the filing of the statement of resignation with
the secretary of state, the capacity of the resigning person as resident agent
terminates. If the statement of resignation contains no statement by the
business trust appointing a successor resident agent, the resigning agent shall
immediately give written notice, by mail, to the business trust of the filing
of the statement of resignation and its effect. The notice must be addressed to
a trustee of the business trust other than the resident agent.

4. If its resident agent dies, resigns or removes from
the state, a business trust, within 30 days thereafter, shall file with the
secretary of state a certificate of acceptance executed by a new resident
agent. The certificate must set forth the full name and complete street address
of the new resident agent, and may contain a mailing address, such as a post
office box, different from the street address.

5. A business trust that fails to file a certificate of
acceptance executed by its new resident agent within 30 days after the death,
resignation or removal of its former resident agent shall be deemed in default
and is subject to the provisions of sections 34 to 37, inclusive, of this act.

Sec. 28. 1. If a business trust formed pursuant
to this chapter desires to change its resident agent, the change may be
effected by filing with the secretary of state a certificate of change, signed
by at least one trustee of the business trust, setting forth:

(a) The name of the business trust;

(b) The name and street address of the present resident
agent; and

(c) The name and street address of the new resident
agent.

2. A certificate of acceptance executed by the new
resident agent must be a part of or attached to the certificate of change.

3. The change authorized by this section becomes
effective upon the filing of the certificate of change.

Sec. 29. 1. A business trust shall keep a copy
of the following records at its registered office:

(a) A copy certified by the secretary of state of its
certificate of trust and all amendments thereto or restatements thereof;

(b) A copy certified by one of its trustees of its
governing instrument and all amendments thereto; and

(c) A ledger or duplicate ledger, revised annually,
containing the names, alphabetically arranged, of all its beneficial owners,
showing their places of residence if known. Instead of this ledger, the business
trust may keep a statement containing the name of the custodian of the ledger
and the present complete address, including street and number, if any, where
the ledger is kept.

2. A business trust shall maintain the records required
by subsection 1 in written form or in another form capable of conversion into
written form within a reasonable time.

Sec. 30. 1. A person who has been a beneficial
owner of record of a business trust for at least 6 months immediately preceding
his demand, or a person holding, or authorized in writing by the holders of, at
least 5 percent of its beneficial ownership, is entitled, upon at least 5 days
written demand, to inspect in person or by agent or attorney, during usual
business hours, the ledger or duplicate ledger, whether kept in the registered
office of the business trust or elsewhere, and to make copies therefrom.

2. An inspection authorized by subsection 1 may be
denied to a beneficial owner or other person upon his refusal to furnish to the
business trust an affidavit that the inspection is not desired for a purpose
which is in the interest of a business or object other than the business of the
business trust and that he has not at any time sold or offered for sale any
list of beneficial owners of a domestic or foreign business trust, stockholders
of a domestic or foreign corporation or members of a domestic or foreign
limited-liability company, or aided or abetted any person in procuring such a
list for such a purpose.

Sec. 31. 1. A business trust formed pursuant to
this chapter shall annually, on or before the last day of the month in which
the anniversary date of the filing of its certificate of trust with the
secretary of state occurs, file with the secretary of state on a form furnished
by him a list signed by at least one trustee containing the name and mailing
address of its resident agent and at least one trustee. Upon filing the list,
the business trust shall pay to the secretary of state a fee of $85.

2. The secretary of state shall, 60 days before the
last day for filing the annual list required by subsection 1, cause to be
mailed to each business trust which is required to comply with the provisions
of sections 31 to 37, inclusive, of this act and which has not become
delinquent, the blank forms to be completed and filed with him. Failure of a
business trust to receive the forms does not excuse it from the penalty imposed
by law.

3. An annual list for a business trust not in default
which is received by the secretary of state more than 60 days before its due
date shall be deemed an amended list for the previous year.

Sec. 32. When the fee for filing the annual list
has been paid, the canceled check received by the business trust constitutes a
certificate authorizing it to transact its business within this state until the
last day of the month in which the anniversary of the filing of its certificate
of trust occurs in the next succeeding calendar year. If the business trust
desires a formal certificate upon its payment of the annual fee, its payment
must be accompanied by a self-addressed, stamped envelope.

Sec. 33. 1. Each list required to be filed
pursuant to the provisions of sections 31 to 37, inclusive, of this act must,
after the name of each trustee listed thereon, set forth his post office box or
street address, either residence or business.

2. If the addresses are not stated on a list offered
for filing, the secretary of state may refuse to file the list, and the
business trust for which the list has been offered for filing is subject to all
the provisions of sections 31 to 37, inclusive, of this act relating to failure
to file the list when or at the times therein specified, unless a list is
subsequently submitted for filing which conforms to the provisions of those
sections.

Sec. 34. 1. Each business trust required to file
the annual list and pay the fee prescribed in sections 31 to 37, inclusive, of
this act which refuses or neglects to do so within the time provided shall be
deemed in default.

2. For default, there must be added to the amount of
the fee a penalty of $15. The fee and penalty must be collected as provided in
this chapter.

Sec. 35. 1. The secretary of state shall notify,
by letter addressed to its resident agent, each business trust deemed in
default pursuant to the provisions of this chapter. The notice must be
accompanied by a statement indicating the amount of the filing fee, penalties
and costs remaining unpaid.

2. On the first day of the ninth month following the
month in which the filing was required, the certificate of trust of the
business trust is revoked and its right to transact business is forfeited.

3. The secretary of state shall compile a complete list
containing the names of all business trusts whose right to do business has been
forfeited. He shall forthwith notify each such business trust, by letter
addressed to its resident agent, of the revocation of its certificate of trust.
The notice must be accompanied by a statement indicating the amount of the
filing fee, penalties and costs remaining unpaid.

4. If the certificate of trust is revoked and the right
to transact business is forfeited, all the property and assets of the
defaulting business trust must be held in trust by its trustees as for
insolvent business trusts, and the same proceedings may be had with respect
thereto as are applicable to insolvent business trusts. Any person interested
may institute proceedings at any time after a forfeiture has been declared, but
if the secretary of state reinstates the certificate of trust, the proceedings
must at once be dismissed.

Sec. 36. 1. Except as otherwise provided in
subsection 3, the secretary of state shall reinstate a business trust which has
forfeited its right to transact business pursuant to the provisions of this
chapter and restore to the business trust its right to carry on business in
this state, and to exercise its privileges and immunities, if it:

(a) Files with the secretary of state the list and
designation required by section 31 of this act; and

(b) Pays to the secretary of state:

(1) The annual filing fee and penalty set forth in
sections 31 and 34 of this act for each year or portion thereof during which
its certificate of trust was revoked; and

2. When the secretary of state reinstates the business
trust, he shall:

(a) Immediately issue and deliver to the business trust
a certificate of reinstatement authorizing it to transact business as if the
filing fee had been paid when due; and

(b) Upon demand, issue to the business trust one or more
certified copies of the certificate of reinstatement.

3. The secretary of state shall not order a reinstatement
unless all delinquent fees and penalties have been paid, and the revocation of
the certificate of trust occurred only by reason of the failure to file the
list or pay the fees and penalties.

Sec. 37. 1. Except as otherwise provided in
subsection 2, if a certificate of trust is revoked pursuant to the provisions
of this chapter and the name of the business trust has been legally reserved or
acquired by another artificial person formed, organized, registered or
qualified pursuant to the provisions of this Title whose name is on file with
the office of the secretary of state or reserved in the office of the secretary
of state pursuant to the provisions of this Title, the business trust shall
submit in writing to the secretary of state some other name under which it
desires to be reinstated. If that name is distinguishable from all other names
reserved or otherwise on file, the secretary of state shall issue to the
business trust a certificate of reinstatement under that new name.

2. If the defaulting business trust submits the
written, acknowledged consent of the artificial person using a name, or the
person who has reserved a name, which is not distinguishable from the old name
of the business trust or a new name it has submitted, it may be reinstated
under that name.

Sec. 38. A business trust formed and existing
pursuant to this chapter has such powers as are necessary or convenient to
effect any of the purposes for which the business trust is formed.

Sec. 39. 1. Except as otherwise provided in this
section, the certificate of trust or the governing instrument, the business and
affairs of a business trust must be managed by or under the direction of its
trustees. To the extent provided in the certificate of trust or the governing
instrument, any person, including a beneficial owner, may direct the trustees
or other persons in the management of the business trust.

2. Except as otherwise provided in the certificate of
trust or the governing instrument, neither the power to give direction to a trustee
or other person nor the exercise thereof by any person, including a beneficial
owner, makes him a trustee. To the extent provided in the certificate of trust
or the governing instrument, neither the power to give direction to a trustee
or other person nor the exercise thereof by a person, including a beneficial
owner, causes him to have duties, fiduciary or other, or liabilities relating
to the power or its exercise to the business trust or a beneficial owner
thereof.

Sec. 40. A governing instrument may contain any
provision relating to the management or the business or affairs of the business
trust and the rights, duties and obligations of the trustees, beneficial owners
and other persons which is not contrary to a provision or requirement of this chapter
and may:

1. Provide for classes, groups or series of trustees or
beneficial owners, or of beneficial interests, having such relative rights,
powers and duties as the governing instrument provides, and may provide for the
future creation in the manner provided in the governing instrument of
additional such classes having such relative rights, powers and duties as may
from time to time be established, including rights, powers and duties senior or
subordinate to existing classes, groups or series.

2. Provide that a person becomes a beneficial owner and
bound by the governing instrument if he, or his representative authorized
orally, in writing or by action such as payment for a beneficial interest,
complies with the conditions for becoming a beneficial owner set forth in the
governing instrument or any other writing and acquires a beneficial interest.

3. Establish or provide for a designated series of
trustees, beneficial owners or beneficial interests having separate rights,
powers or duties with respect to specified property or obligations of the
business trust or profits and losses associated with specified property or
obligations, and, to the extent provided in the governing instrument, any such
series may have a separate business purpose or investment objective.

4. Provide for the taking of any action, including the
amendment of the governing instrument, the accomplishment of a merger, the
appointment of one or more trustees, the sale, lease, transfer, pledge or other
disposition of all or any part of the assets of the business trust or the
assets of any series, or the dissolution of the business trust, and the
creation of a class, group or series of beneficial interests that was not
previously outstanding, without the vote or approval of any particular trustee
or beneficial owner or class, group or series of trustees or beneficial owners.

5. Grant to or withhold from all or certain trustees or
beneficial owners, or a specified class, group or series of trustees or
beneficial owners, the right to vote, separately or with one or more of the
trustees, beneficial owners or classes, groups or series thereof, on any
matter. Voting power may be apportioned per capita, proportionate to financial
interest, by class, group or series, or on any other basis.

6. If and to the extent that voting rights are granted
under the certificate of trust or governing instrument, set forth provisions
relating to notice of the time, place or purpose of a meeting at which a matter
will be voted on, waiver of notice, action by consent without a meeting, the
establishment of record dates, requirement of a quorum, voting in person, by proxy
or otherwise, or any other matter with respect to the exercise of the right to
vote.

7. Provide for the present or future creation of more
than one business trust, including the creation of a future business trust to
which all or any part of the assets, liabilities, profits or losses of any
existing business trust are to be transferred, and for the conversion of
beneficial interests in an existing business trust, or series thereof, into
beneficial interests in the separate business trust or a series thereof.

8. Provide for the appointment, election or engagement,
either as agents or independent contractors of the business trust or as
delegates of the trustees, of officers, employees, managers or other persons
who may manage the business and affairs of the business trust and have such
titles and relative rights, powers and duties as the governing instrument provides.
Except as otherwise provided in the governing instrument, the trustees shall
choose and supervise those officers, managers and other persons.

Sec. 41. To the extent that, at law or in equity,
a trustee has duties, fiduciary or otherwise, and liabilities relating thereto
to a business trust or beneficial owner:

1. If he acts pursuant to a governing instrument, he is
not liable to the business trust or to a beneficial owner for his reliance in
good faith on the provisions of the governing instrument; and

2. His duties and liabilities may be expanded or
restricted by provisions in the governing instrument.

Sec. 42. To the extent that, at law or in equity,
an officer, employee, manager or other person acting pursuant to the
certificate of trust or a governing instrument has duties, fiduciary or
otherwise, and liabilities relating thereto to a business trust, beneficial
owner or trustee:

1. If he acts pursuant to a governing instrument, he is
not liable to the business trust, a beneficial owner or a trustee for his
reliance in good faith on the provisions of the governing instrument; and

2. His duties and liabilities may be expanded or
restricted by provisions in the governing instrument.

Sec. 43. The debts, liabilities, obligations and
expenses incurred, contracted for or otherwise existing with respect to a
particular series of trustees, beneficial owners or beneficial interests are
enforceable against the assets of only that series only if:

1. The governing instrument of the business trust creates
one or more series of trustees, beneficial owners or beneficial interests;

2. Separate records are maintained for the series;

3. The assets associated with the series are held and
accounted for separately from the other assets of the business trust or any
other series of the business trust and the governing instrument requires
separate holding and accounting; and

4. Notice of the limitation on liability of the series
is set forth in the certificate of trust, or an amendment thereto, filed with
the secretary of state before the series is established.

Sec. 44. 1. A contribution of a beneficial owner to a business trust
may be any tangible or intangible property or benefit to the business trust,
including cash, a promissory note, services performed, a contract for services
to be performed, or a security of the business trust. A person may become a
beneficial owner of a business trust and may receive a beneficial interest in a
business trust without making, or being obligated to make, a contribution to
the business trust.

2. Except
as otherwise provided in the certificate of trust or the governing instrument,
a beneficial owner is obligated to the business trust to perform a promise to
make a contribution even if he is unable to perform because of death, disability or any other reason.

perform because
of death, disability or any other reason. If a beneficial owner does not make a
promised contribution of property or services, he is obligated at the option of
the business trust to contribute cash equal to that portion of the agreed
value, as stated in the records of the business trust, of the contribution
which has not been made. The foregoing option is in addition to any other
rights, including specific performance, that the business trust may have
against the beneficial owner under the governing instrument or applicable law.

3. A certificate of trust or governing instrument may
provide that the interest of a beneficial owner who fails to make a
contribution that he is obligated to make is subject to specific penalties for,
or specified consequences of, such failure. The penalty or consequence may take
the form of reducing or eliminating the defaulting beneficial owners
proportionate interest in the business trust, subordinating that beneficial
interest to those of nondefaulting owners, a forced sale of the beneficial
interest, forfeiture of the beneficial interest, the lending by other
beneficial owners of the amount necessary to meet the defaulters commitment, a
fixing of the value of the beneficial interest by appraisal or formula and
redemption or sale of the beneficial interest at that value, or any other form.

Sec. 45. 1. Unless otherwise provided in the
certificate of trust, the governing instrument or an agreement signed by the
person to be charged, a beneficial owner, trustee, officer, agent, manager or
employee of a business trust formed pursuant to the laws of this state is not
personally liable for the debts or liabilities of the business trust.

2. Except as otherwise provided in the certificate of
trust or the governing instrument, a trustee acting in that capacity is not
personally liable to any person other than the business trust or a beneficial
owner for any act or omission of the business trust or a trustee thereof.

3. Except as otherwise provided in the certificate of
trust or the governing instrument, an officer, employee, agent or manager of a
business trust or another person who manages the business and affairs of a
business trust, acting in that capacity, is not personally liable to any person
other than the business trust or a beneficial owner for any act or omission of
the business trust or a trustee thereof.

4. Except as otherwise provided in the certificate of
trust or the governing instrument, a trustee, officer, employee, agent or
manager of a business trust or another person who manages the business and
affairs of a business trust is not personally liable to the business trust or a
beneficial owner for damages for breach of fiduciary duty in such capacity
except for acts or omissions that involve intentional misconduct, fraud or a
knowing violation of law.

Sec. 46. 1. Subject to the standards and
restrictions, if any, set forth in the certificate of trust or the governing
instrument, a business trust may indemnify and hold harmless a trustee,
beneficial owner or other person from and against all claims and demands.

2. The absence of a provision for indemnity in the
certificate of trust or governing instrument does not deprive a trustee or beneficial
owner of any right to indemnity which is otherwise available to him pursuant to
the laws of this state.

Sec. 47. A certificate of trust must be canceled
upon the completion or winding up of the business trust and its termination. A
certificate of cancellation must be signed by a trustee, filed with the
secretary of state, and set forth:

1. The name of the business trust;

2. The date of filing of its certificate of trust;

3. A future effective date of the certificate of
cancellation, if it is not to be effective upon filing, which may not be more
than 90 days after the certificate is filed; and

4. Any other information the trustee determines to
include.

Sec. 48. 1. A beneficial owner may maintain an
action in the right of a business trust to recover a judgment in its favor if
trustees having authority to do so have refused to bring the action or if an
effort to cause those trustees to bring the action is unlikely to succeed.

2. In a derivative action, the plaintiff must be a
beneficial owner at the time of bringing the action and:

(a) He must have been a beneficial owner at the time of
the transaction of which he complains; or

(b) His status as a beneficial owner must have devolved
upon him by operation of law or pursuant to a provision of the certificate of
trust or the governing instrument from a person who was a beneficial owner at
the time of the transaction.

3. In a derivative action, the complaint must state
with particularity the effort, if any, of the plaintiff to cause the trustees
to bring the act, or the reasons for not making the effort.

4. If a derivative action is successful, in whole or in
part, or if anything is received by the business trust through judgment or
settlement of the action, the court may award the plaintiff reasonable
expenses, including attorneys fees. If the plaintiff receives any proceeds of
judgment or settlement, the court shall make the award of his expenses payable
from those proceeds and remit the remainder to the business trust. If the
proceeds received by the plaintiff are less than the expenses awarded, the
court may direct all or part of the remainder of the award to be paid by the
business trust.

5. A beneficial owners right to bring a derivative
action may be subject to additional standards and restrictions set forth in the
governing instrument, including, without limitation, a requirement that
beneficial owners of a specified beneficial interest join in the action.

Sec. 49. 1. Except as otherwise provided in the
certificate of trust, the governing instrument or this chapter, the laws of
this state pertaining to trusts apply to a business trust.

2. In applying the provisions of this chapter, the
court shall give the greatest effect to the principle of freedom of contract
and the enforceability of governing instruments.

Sec. 50. All provisions of this chapter may be
altered from time to time or repealed, and all rights of business trusts,
trustees, beneficial owners and other persons are subject to this reservation.

Sec. 51. The secretary of state shall charge and
collect the following fees for:

1. Filing an original certificate of trust, or for registering
a foreign business trust, $125.

2. Filing an amendment or restatement, or a combination
thereof, to a certificate of trust, $75.

3. Filing a certificate of cancellation, $125.

4. Certifying a copy of a certificate of trust or an
amendment or restatement, or a combination thereof, $10 per certification.

5. Certifying an authorized printed copy of this
chapter, $10.

6. Reserving a name for a business trust, $20.

7. Executing a certificate of existence of a business
trust which does not list the previous documents relating to it, or a
certificate of change in the name of a business trust, $15.

8. Executing a certificate of existence of a business
trust which lists the previous documents relating to it, $20.

9. Filing a statement of change of address of the
registered office for each business trust, $15.

10. Filing a statement of change of the registered
agent, $15.

11. Executing, certifying or filing any certificate or
document not otherwise provided for in this section, $20.

12. Examining and provisionally approving a document
before the document is presented for filing, $100.

13. Copying a document on file with him, for each page,
$1.

Sec. 52. Subject
to the constitution of this state:

1. The laws
of the state under which a foreign business trust is organized govern its
organization and internal affairs and the liability of its beneficial owners,
trustees, officers, employees or managers; and

2. A
foreign business trust may not be denied registration by reason of any difference
between those laws and the laws of this state.

Sec. 53. Before transacting business in this
state, a foreign business trust shall register with the secretary of state. In
order to register, a foreign business trust shall submit to the secretary of state
an application for registration as a foreign business trust, signed by a
trustee, and a signed certificate of acceptance of a resident agent. The
application for registration must set forth:

1. The name
of the foreign business trust and, if different, the name under which it
proposes to register and transact business in this state;

2. The
state and date of its formation;

3. The name
and address of the resident agent whom the foreign business trust elects to
appoint;

4. The
address of the office required to be maintained in the state of its
organization by the laws of that state or, if not so required, of the principal
office of the foreign business trust; and

Sec. 54. If the secretary of state finds that an
application for registration conforms to law and all requisite fees have been
paid, he shall issue a certificate of registration to transact business in this
state and mail it to the person who filed the application or his
representative.

Sec. 55. A foreign business trust may register
with the secretary of state under any name, whether or not it is the name under
which it is registered in its state of organization, which includes the words
Business Trust or the abbreviation B.T. or BT and which could be
registered by a domestic business trust.

Sec. 56. A foreign business trust may cancel its
registration by filing with the secretary of state a certificate of
cancellation signed by a trustee. The certificate must set forth:

1. The name
of the foreign business trust;

2. The date
upon which its certificate of registration was filed;

3. The effective
date of the cancellation if other than the date of the filing of the
certificate of cancellation; and

4. Any
other information deemed necessary by the trustee.

A cancellation
does not terminate the authority of the secretary of state to accept service of
process on the foreign business trust with respect to causes of action arising
out of the transaction of business in this state.

Sec. 57. 1. A foreign business trust transacting
business in this state may not maintain any action, suit or proceeding in any
court of this state until it has registered in this state.

2. The
failure of a foreign business trust to register in this state does not impair
the validity of any contract or act of the foreign business trust or prevent
the foreign business trust from defending any action, suit or proceeding in any
court of this state.

3. A
foreign business trust, by transacting business in this state without
registration, appoints the secretary of state as its agent for service of
process with respect to causes of action arising out of the transaction of
business in this state.

Sec. 58. Chapter
78 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as otherwise provided in subsection 2 or the
articles of incorporation, directors and officers confronted with a change or
potential change in control of the corporation have:

(a) The
duties imposed upon them by subsection 1 of NRS 78.138; and

(b) The
benefit of the presumptions established by subsection 3 of that section.

2. If
directors and officers take action to resist a change or potential change in
control of a corporation which impedes the exercise of the right of
stockholders to vote for or remove directors:

(a) The
directors must have reasonable grounds to believe that a threat to corporate
policy and effectiveness exists; and

(b) The
action taken which impedes the exercise of the stockholders rights must be
reasonable in relation to that threat.

If those facts
are found, the directors and officers have the benefit of the presumption
established by subsection 3 of NRS 78.138.

(a) Actions
that only affect the time of the exercise of stockholders voting rights; or

(b) The
adoption or execution of plans, arrangements or instruments that deny rights,
privileges, power or authority to a holder of a specified number or fraction of
shares or fraction of voting power.

4. The
provisions of subsections 2 and 3 do not permit directors or officers to
abrogate any right conferred by statute or the articles of incorporation.

5. Directors
may resist a change or potential change in control of the corporation if the
directors by a majority vote of a quorum determine that the change or potential
change is opposed to or not in the best interest of the corporation:

(a) Upon
consideration of the interests of the corporations stockholders and any of the
matters set forth in subsection 4 of NRS 78.138; or

(b) Because
the amount or nature of the indebtedness and other obligations to which the
corporation or any successor to the property of either may become subject, in
connection with the change or potential change in control, provides reasonable
grounds to believe that, within a reasonable time:

(1) The
assets of the corporation or any successor would be or become less than its
liabilities;

(2) The
corporation or any successor would be or become insolvent; or

(3) Any
voluntary or involuntary proceeding pursuant to the federal bankruptcy laws
concerning the corporation or any successor would be commenced by any person.

Sec. 59. NRS 78.010is hereby amended
to read as follows:

78.010 1. As used in this chapter:

(a) Approval and vote as describing action by the
directors or stockholders mean the vote of directors in person or by written
consent or of stockholders in person, by proxy or by written consent.

(b) Articles, articles of incorporation and
certificate of incorporation are synonymous terms and unless the context
otherwise requires, include all certificates filed pursuant to NRS 78.030, [78.195,]78.1955, 78.209,
78.380, 78.385 and 78.390 and any articles of merger or exchange filed pursuant
to NRS 92A.200 to 92A.240, inclusive. Unless the context otherwise requires,
these terms include restated articles and certificates of incorporation.

(c) Directors and trustees are synonymous terms.

(d) Receiver includes receivers and trustees appointed
by a court as provided in this chapter or in chapter 32 of NRS.

(e) Registered office means the office maintained at
the street address of the resident agent.

(f) Resident agent means the agent appointed by the
corporation upon whom process or a notice or demand authorized by law to be
served upon the corporation may be served.

(h) Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, an
electronic symbol as described in NRS 239.042.

(i) Stockholder
of record means a person whose name appears on the stock ledger of the
corporation.

(j) Street
address of a resident agent means the actual physical location in this state
at which a resident agent is available for service of process.

2. General terms and powers given in this chapter are
not restricted by the use of special terms, or by any grant of special powers
contained in this chapter.

Sec. 60. NRS
78.029 is hereby amended to read as follows:

78.029[An incorporator or]Before the issuance of stock an
incorporator, and after the issuance of stock an officer , of a corporation may
authorize the secretary of state in writing to replace any page of a document
submitted for filing ,
on an expedited basis, before the actual filing, and to accept the page as if
it were part of the originally signed filing. [The signed authorization
of the incorporator or officer to the secretary of state permits, but does not
require, the secretary of state to alter the original document as requested.]

Sec. 61. NRS 78.030 is hereby amended to read as follows:

78.0301. One or more persons
may establish a corporation for the transaction of any lawful business, or to
promote or conduct any legitimate object or purpose, pursuant and subject to
the requirements of this chapter, by:

(a) Executing[, acknowledging] and filing in the
office of the secretary of state articles of incorporation; and

(b) Filing a certificate of acceptance of appointment,
executed by the resident agent of the corporation, in the office of the
secretary of state.

2. The articles of incorporation must be as provided in
NRS 78.035, and the secretary of state shall require them to be in the form
prescribed. If any articles are defective in this respect, the secretary of
state shall return them for correction.

Sec. 62. NRS
78.035 is hereby amended to read as follows:

78.035The articles of
incorporation must set forth:

1. The name of the corporation. A name appearing to be
that of a natural person and containing a given name or initials must not be
used as a corporate name except with an additional word or words such as
Incorporated, Limited, Inc., Ltd., Company, Co., Corporation,
Corp., or other word which identifies it as not being a natural person.

2. The name of the person designated as the
corporations resident agent, the street address of the resident agent where
process may be served upon the corporation, and the mailing address of the
resident agent if different from the street address.

3. The number of shares the corporation is authorized to
issue and, if more than one class or series of stock is authorized, the
classes, the series and the number of shares of each class or series which the
corporation is authorized to issue, unless the articles
authorize the board of directors to fix and determine in a resolution the
classes, series and numbers of each class or series as provided in NRS 78.195
and 78.196.

authorized to issue, unless the articles authorize the board
of directors to fix and determine in a resolution the classes, series and
numbers of each class or series as provided in NRS 78.195 and 78.196.

4. [Whether the members of the governing board are styled as
directors or trustees of the corporation, and the]The number, names and post
office box or street addresses, either residence or business, of the first
board of directors or trustees, together with any desired provisions relative
to the right to change the number of directors as provided in NRS 78.115.

5. The name and post office box or street address,
either residence or business of each of the incorporators executing the
articles of incorporation.

Sec. 63. NRS
78.039 is hereby amended to read as follows:

78.0391. The name proposed
for a corporation must be distinguishable on the records of the secretary of state from
the names of all other artificial persons formed, organized [or registered under
chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names], registered or qualified pursuant
to the provisions of this Title that are on file in the office of
the secretary of state[.]and all names that are reserved in
the office of the secretary of state pursuant to the provisions of this Title. If
a proposed name is not so distinguishable, the secretary of state shall return
the articles of incorporation containing the proposed name to the incorporator,
unless the written , acknowledged
consent of the holder of the [registered]name on file or reserved name to use the same
name or the requested similar name accompanies the articles of incorporation.

2. For the purposes of this section and NRS 78.040, a
proposed name is not [distinguished] distinguishable from a [registered]name on file or
reserved name solely because one or the other contains distinctive lettering, a
distinctive mark, a trade-mark or a trade name , or any combination of these.

3. The name of a corporation whose charter has been
revoked, [whose existence has terminated,] which
has merged and is not the surviving [corporation, or which for
any other reason is no longer in good standing in this state]entity or whose existence has
otherwise terminated is available for use by any other artificial
person.

4. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 64. NRS78.040is
hereby amended to read as follows:

78.040 1. The
secretary of state, when requested so to do, shall reserve, for a period of 90
days, the right to use any name available under NRS 78.039, for the use of any
proposed corporation. During the period, a name so reserved is not available
for use or reservation
by any [corporation, limited partnership or limited-liability company
without the]other
artificial person forming, organizing, registering or qualifying in the office
of the secretary of state pursuant to the provisions of this Title without the
written, acknowledged consent of the person at whose request the
reservation was made.

2. The use by any [corporation, limited
partnership or limited-liability company]other artificial person of
a name in violation of subsection
1 or NRS 78.039 [or subsection 1 of this section] may be
enjoined, [notwithstanding the fact that the articles of incorporation
or organization of the corporation or limited-liability company, or the
certificate of limited partnership, may
have] even if the document under which the artificial person is formed, organized,
registered or qualified has been filed by the secretary of state.

partnership, may
have]even if
the document under which the artificial person is formed, organized, registered
or qualified has been filed by the secretary of state.

Sec. 65. NRS
78.097 is hereby amended to read as follows:

78.0971. A resident agent who desires to resign shall file with
the secretary of state a signed statement for each corporation that he is
unwilling to continue to act as the agent of the corporation for the service of
process. [The execution of the statement must be acknowledged.]
A resignation is not effective until the signed statement is filed with the
secretary of state.

2. The statement of resignation may contain [an
acknowledged]a
statement of the affected corporation appointing a successor
resident agent for that corporation. A certificate of acceptance executed by the
new resident agent, stating the full name, complete street address and, if
different from the street address, mailing address of the new resident agent,
must accompany the statement appointing a successor resident agent.

3. Upon the filing of the statement of resignation with
the secretary of state the capacity of the resigning person as resident agent
terminates. If the statement of resignation contains no statement by the
corporation appointing a successor resident agent, the resigning resident agent
shall immediately give written notice, by mail, to the corporation of the
filing of the statement and its effect. The notice must be addressed to any
officer of the corporation other than the resident agent.

4. If a resident agent dies, resigns or removes from the
state, the corporation, within 30 days thereafter, shall file with the
secretary of state a certificate of acceptance executed by the new resident
agent. The certificate must set forth the full name and complete street address
of the new resident agent for the service of process, and may have a separate
mailing address, such as post office box, which may be different from the
street address.

5. A corporation that fails to file a certificate of
acceptance executed by the new resident agent within 30 days after the death,
resignation or removal of its former resident agent shall be deemed in default
and is subject to the provisions of NRS 78.170 and 78.175.

Sec. 66. NRS
78.110 is hereby amended to read as follows:

78.1101. If a corporation created pursuant to this
chapter desires to change [the location within this state of its registered office, or
change] its resident agent, [or both,]
the change may be effected by filing with the secretary of state a certificate
of change signed by an officer of the corporation which sets forth:

[1.](a) The name of the
corporation;

[2. That the change authorized by this section is effective
upon the filing of the certificate of change;

3. The
street address of its present registered office;

4. If the
present registered office is to be changed, the street address of the new
registered office;

5.](b) The name and street address of its
present resident agent; and

[6. If the present resident agent is to be changed, the]

(c) The name
and street address of
the new resident agent. [A]

2. The
new resident agents certificate of acceptance must be a part of or attached to
the certificate of change.

3. A change
authorized by this section becomes effective upon the filing of the certificate
of change.

Sec. 67. NRS 78.138 is hereby amended to
read as follows:

78.138 1. Directors and officers shall exercise their powers
in good faith and with a view to the interests of the corporation.

2. In performing their respective duties, directors and
officers are entitled to rely on information, opinions, reports, books of
account or statements, including financial statements and other financial data,
that are prepared or presented by:

(a) One or more directors, officers or employees of the
corporation reasonably believed to be reliable and competent in the matters
prepared or presented;

(b) Counsel, public accountants, or other persons as to
matters reasonably believed to be within the [preparer]preparers or
presenters professional or expert competence; or

(c) A committee on which the director or officer relying
thereon does not serve, established in accordance with NRS 78.125, as to
matters within the committees designated authority and matters on which the
committee is reasonably believed to merit confidence,

but a director or officer is not entitled to rely on such
information, opinions, reports, books of account or statements if he has
knowledge concerning the matter in question that would cause reliance thereon
to be unwarranted.

3. Directors
and officers, in deciding upon matters of business, are presumed to act in good
faith, on an informed basis and with a view to the interests of the
corporation.

4.
Directors and officers, in exercising their respective powers with a view to
the interests of the corporation, may consider:

(a) The interests of the corporations employees,
suppliers, creditors and customers;

(b) The economy of the state and nation;

(c) The interests of the community and of society; and

(d) The long-term as well as short-term interests of the
corporation and its stockholders, including the possibility that these
interests may be best served by the continued independence of the corporation.

[This subsection does]

5. Directors
and officers are not required to consider the effect of a proposed corporate
action upon any particular group having an interest in the corporation as a
dominant factor.

6. The
provisions of subsections 4 and 5 do not create or authorize any
causes of action against the corporation or its directors or officers.

[4. Directors may resist a change or potential change in
control of the corporation if the directors by a majority vote of a quorum
determine that the change or potential change is opposed to or not in the best
interest of the corporation:

(a) Upon
consideration of the interests of the corporations stockholders and any of the
matters set forth in subsection 3; or

(b) Because
the amount or nature of the indebtedness and other obligations to which the
corporation or any successor to the property of either may become subject in connection with the change or potential
change in control provides reasonable grounds to believe that, within a
reasonable time:

may become
subject in connection with the change or potential change in control provides
reasonable grounds to believe that, within a reasonable time:

(1) The
assets of the corporation or any successor would be or become less than its
liabilities;

(2) The
corporation or any successor would be or become insolvent; or

(3) Any
voluntary or involuntary proceeding under the federal bankruptcy laws
concerning the corporation or any successor would be commenced by any person.]

Sec. 68. NRS
78.150 is hereby amended to read as follows:

78.1501. A corporation organized under the laws of this state
shall, on or before the first day of the second month after the filing of its
articles of incorporation with the secretary of state, file with the secretary
of state a list, on a form furnished by him, containing:

(a) The name of the corporation;

(b) The file number of the corporation, if known;

(c) The names and titles [of all of its required
officers and the names]of the president, secretary, treasurer and of
all [of its directors;] the directors of the corporation;

(d) The mailing or street address, either residence or
business, of each officer and director listed, following the name of the
officer or director; and

(e) The signature of an officer of the corporation
certifying that the list is true, complete and accurate.

2. The corporation shall annually thereafter, on or
before the last day of the month in which the anniversary date of incorporation
occurs in each year, file with the secretary of state, on a form furnished by
him, an amended list containing all of the information required in subsection
1. [If the corporation has had no changes in its required
officers and directors since its previous list was filed, no amended list need
be filed if an officer of the corporation certifies to the secretary of state
as a true and accurate statement that no changes in the required officers or
directors has occurred.]

3. Upon filing a list of officers and directors, [or
certifying that no changes have occurred,] the corporation
shall pay to the secretary of state a fee of $85.

4. The secretary of state shall, 60 days before the last
day for filing the annual list required by subsection 2, cause to be mailed to
each corporation which is required to comply with the provisions of NRS 78.150
to 78.185, inclusive, and which has not become delinquent, a notice of the fee
due pursuant to subsection 3 and a reminder to file a list of officers and
directors . [or
a certification of no change.] Failure of any corporation
to receive a notice or form does not excuse it from the penalty imposed by law.

5. If the list to be filed pursuant to the provisions of
subsection 1 or 2 is defective in any respect or the fee required by subsection
3 or 7 is not paid, the secretary of state may return the list for correction
or payment.

6. An annual list for a corporation not in default which
is received by the secretary of state more than 60 days before its due date
shall be deemed an amended list for the previous year[.] and does not satisfy the requirements
of subsection 2 for the year to which the due date is applicable.

7. If the corporation is an association as defined in
NRS 116.110315, the secretary of state shall not accept the filing required by
this section unless it is accompanied by the fee required to be paid pursuant
to NRS 116.31155.

Sec. 69. NRS
78.155 is hereby amended to read as follows:

78.155[When the fee for filing]If a corporation has filed the
initial or annual list of officers and directors and designation of resident
agent [has been paid,] in compliance with NRS 78.150 and has paid the appropriate
fee for the filing, the canceled check received by the
corporation constitutes a certificate authorizing it to transact its business
within this state until the last day of the month in which the anniversary of
its incorporation occurs in the next succeeding calendar year. If the
corporation desires a formal certificate upon its payment of the initial or
annual fee, its payment must be accompanied by a self-addressed, stamped
envelope.

Sec. 70. NRS 78.185 is hereby amended to read as follows:

78.1851. Except as otherwise
provided in subsection 2, if a corporation applies to reinstate or revive its
charter but its name has been legally reserved or acquired by another [corporation
or other] artificial person formed, organized [or registered under
chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS], registered or qualified pursuant to
the provisions of this Title whose name is on file [and
in good standing] with the office of the secretary of state[,]or reserved in the office of the
secretary of state pursuant to the provisions of this Title, the
corporation shall in its application for reinstatement submit in writing to the
secretary of state some other name under which it desires its corporate
existence to be reinstated or revived. If that name is distinguishable from all
other names reserved or otherwise on file , [and in good standing,]
the secretary of state shall issue to the applying corporation a certificate of
reinstatement or revival under that new name.

2. If the applying corporation submits the written , acknowledged consent of
the artificial person having a name, or the person who has reserved a name,
which is not distinguishable from the old name of the applying corporation or a
new name it has submitted, it may be reinstated or revived under that name.

3. For the purposes of this section, a proposed name is
not [distinguished]distinguishable from a name [used]on file or reserved name solely because one or
the other contains distinctive lettering, a distinctive mark, a trade-mark or a
trade name , or any
combination of [those.] these.

4. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 71. NRS
78.195 is hereby amended to read as follows:

78.1951. If a corporation
desires to have more than one class or series of stock, the articles of
incorporation must prescribe, or vest authority in the board of directors to
prescribe, the classes, series and the number of each class or series of stock
and the voting powers, designations, preferences, limitations, restrictions and
relative rights of each class or series of stock. If more than one class or
series of stock is authorized, the articles of incorporation or the resolution
of the board of directors passed pursuant to a provision of the articles must
prescribe a distinguishing designation for each class and series. The voting
powers, designations, preferences, limitations, restrictions,
relative rights and distinguishing designation of each class or series of stock
must be described in the articles of incorporation or the resolution of the
board of directors before the issuance of shares of that class or series.

restrictions, relative rights and distinguishing designation
of each class or series of stock must be described in the articles of
incorporation or the resolution of the board of directors before the issuance
of shares of that class or series.

2. All shares of a series must have voting powers,
designations, preferences, limitations, restrictions and relative rights
identical with those of other shares of the same series and, except to the
extent otherwise provided in the description of the series, with those of other
series of the same class.

3. Unless otherwise provided in the articles of
incorporation, no stock issued as fully paid up may ever be assessed and the
articles of incorporation must not be amended in this particular.

4. Any rate, condition or time for payment of
distributions on any class or series of stock may be made dependent upon any
fact or event which may be ascertained outside the articles of incorporation or
the resolution providing for the distributions adopted by the board of
directors if the manner in which a fact or event may operate upon the rate, condition
or time of payment for the distributions is stated in the articles of
incorporation or the resolution.

5. [If the corporation is authorized to issue more than one class
of stock or more than one series of any class, the voting powers, designations,
preferences, limitations, restrictions and relative rights of the various
classes of stock or series thereof and the qualifications, limitations or
restrictions of such rights must be set forth in full or summarized on the face
or back of each certificate which the corporation issues to represent the
stock, or on the informational statement sent pursuant to NRS 78.235, except
that, in lieu thereof, the certificate or informational statement may contain a
statement setting forth the office or agency of the corporation from which a
stockholder may obtain a copy of a statement setting forth in full or
summarizing the voting powers, designations, preferences, limitations,
restrictions and relative rights of the various classes of stock or series
thereof. The corporation shall furnish to its stockholders, upon request and
without charge, a copy of any such statement or summary.

6.]
The provisions of this section do not restrict the directors of a corporation
from taking action to protect the interests of the corporation and its
stockholders, including, but not limited to, adopting or executing plans,
arrangements or instruments that deny rights, privileges, power or authority to
a holder of a specified number of shares or percentage of share ownership or voting
power.

Sec. 72. NRS
78.196 is hereby amended to read as follows:

78.1961. Each corporation
must have:

(a) One or more classes or series of shares that together have
unlimited voting rights; and

(b) One or more classes or series of shares that together are entitled
to receive the net assets of the corporation upon dissolution.

If the articles of incorporation provide for only one class
of stock, that class of stock has unlimited voting rights and is entitled to
receive the net assets of the corporation upon dissolution.

2. The articles of incorporation, or a resolution of the
board of directors pursuant thereto, may authorize one or more classes or series of stock that:

(a) Have special, conditional or limited voting powers,
or no right to vote, except to the extent otherwise [prohibited by this
chapter;]
provided by this Title;

(b) Are redeemable or convertible:

(1) At the option of the corporation, the
stockholders or another person, or upon the occurrence of a designated event;

(2) For cash, indebtedness, securities or other
property; or

(3) In a designated amount or in an amount
determined in accordance with a designated formula or by reference to extrinsic
data or events;

(c) Entitle the stockholders to distributions calculated
in any manner, including dividends that may be cumulative, noncumulative or
partially cumulative;

(d) Have preference over any other class or series of shares with
respect to distributions, including dividends and distributions upon the
dissolution of the corporation;

(e) Have par value; or

(f) Have powers, designations, preferences, limitations,
restrictions and relative rights dependent upon any fact or event which may be
ascertained outside of the articles of incorporation or the resolution if the
manner in which the fact or event may operate on such class or series of stock
is stated in the articles of incorporation or the resolution.

3. The description of voting powers, designations,
preferences, limitations, restrictions and relative rights of the [share]
classes or series of shares contained
in this section is not exclusive.

Sec. 73. NRS
78.320 is hereby amended to read as follows:

78.3201. Unless this chapter,
the articles of incorporation or the bylaws provide for different proportions:

(a) A majority of the voting power, which includes the
voting power that is present in person or by proxy, regardless of whether the
proxy has authority to vote on all matters, constitutes a quorum for the
transaction of business; and

(b) Action by the stockholders on a matter other than the
election of directors is approved if the number of votes cast in favor of the
action exceeds the number of votes cast in opposition to the action.

2. Unless otherwise provided in the articles of
incorporation or the bylaws, any action required or permitted to be taken at a
meeting of the stockholders may be taken without a meeting if , before or after the action,
a written consent thereto is signed by stockholders holding at least a majority
of the voting power, except that if a different proportion of voting power is
required for such an action at a meeting, then that proportion of written
consents is required.

3. In no instance where action is authorized by written
consent need a meeting of stockholders be called or notice given.

4. Unless otherwise restricted by the articles of
incorporation or bylaws, stockholders may participate in a meeting of
stockholders by means of a telephone conference or similar method of
communication by which all persons participating in the meeting can hear each
other. Participation in a meeting pursuant to this subsection constitutes
presence in person at the meeting.

78.3301. Unless elected
pursuant to NRS 78.320, directors of every corporation must be elected at the
annual meeting of the stockholders by a plurality of the votes cast at the
election. Unless otherwise provided in the bylaws, the board of directors have
the authority to set the date, time and place for the annual meeting of the
stockholders. If for any reason directors are not elected pursuant to NRS
78.320 or at the annual meeting of the stockholders, they may be elected at any
special meeting of the stockholders which is called and held for that purpose.

2. The articles of incorporation or the bylaws may
provide for the classification of directors as to the duration of their
respective terms of office or as to their election by one or more authorized
classes or series of shares, but at least one-fourth in number of the directors
of every corporation must be elected annually. If an amendment reclassifying the directors would otherwise
increase the term of a director, unless the amendment is to the articles of
incorporation and otherwise provides, the term of each incumbent director on
the effective date of the amendment terminates on the date it would have
terminated had there been no reclassification.

3. The articles of incorporation may provide that the
voting power of individual directors or classes of directors may be greater
than or less than that of any other individual directors or classes of
directors, and the different voting powers may be stated in the articles of
incorporation or may be dependent upon any fact or event that may be
ascertained outside the articles of incorporation if the manner in which the
fact or event may operate on those voting powers is stated in the articles of
incorporation. If the articles of incorporation provide that any directors may
have voting power greater than or less than other directors, every reference in
this chapter to a majority or other proportion of directors shall be deemed to
refer to a majority or other proportion of the voting power of all of the
directors or classes of directors, as may be required by the articles of
incorporation.

Sec. 75. NRS
78.335 is hereby amended to read as follows:

78.3351. [Any director]Except as otherwise provided in
this section, any director or one or more of the incumbent directors may
be removed from office by the vote of stockholders representing not less than
two‑thirds of the voting power of the issued and outstanding stock
entitled to voting power . [,
except that:

(a)]2. In the case of
corporations which have provided in their articles of incorporation for the
election of directors by cumulative voting, [no] any director or directors who constitute fewer than
all of the incumbent directors may not be removed from office at any one time or as the result of any
one transaction under the provisions of this section except upon
the vote of stockholders owning sufficient shares to [have prevented his
election to office in the first instance; and

(b)] prevent each directors election to
office at the time of removal.

3.
The articles of incorporation may require the concurrence of [a
larger percentage]more than two-thirds of the voting power of
the issued and outstanding stock
entitled to voting power in order to remove [a director.

4. Whenever
the holders of any class or series of shares are entitled to elect one or more
directors, unless otherwise provided in the articles of incorporation, removal
of any such director requires only the proportion of votes, specified in
subsection 1, of the holders of that class or series, and not the votes of the
outstanding shares as a whole.

[3.] 5. All vacancies, including those caused by
an increase in the number of directors, may be filled by a majority of the
remaining directors, though less than a quorum, unless it is otherwise provided
in the articles of incorporation.

[4.] 6. Unless otherwise provided in the articles
of incorporation, when one or more directors give notice of his or their
resignation to the board, effective at a future date, the board may fill the
vacancy or vacancies to take effect when the resignation or resignations become
effective, each director so appointed to hold office during the remainder of
the term of office of the resigning director or directors.

Sec. 76. NRS
78.350 is hereby amended to read as follows:

78.3501. Unless otherwise
provided in the articles of incorporation, or in the resolution providing for
the issuance of the stock adopted by the board of directors pursuant to
authority expressly vested in it by the provisions of the articles of
incorporation, every stockholder of record of a corporation is entitled at each
meeting of stockholders thereof to one vote for each share of stock standing in
his name on the records of the corporation. If the articles of incorporation,
or the resolution providing for the issuance of the stock adopted by the board
of directors pursuant to authority expressly vested in it by the articles of
incorporation, provides for more or less than one vote per share for any class
or series of shares on any matter, every reference in this chapter to a
majority or other proportion of stock shall be deemed to refer to a majority or
other proportion of the voting power of all of the shares or those classes or
series of shares, as may be required by the articles of incorporation, or in
the resolution providing for the issuance of the stock adopted by the board of
directors pursuant to authority expressly vested in it by the provisions of the
articles of incorporation, or the provisions of this chapter.

2. Unless contrary provisions are contained in the
articles of incorporation, the directors may prescribe a period not exceeding
60 days before any meeting of the stockholders during which no transfer of
stock on the books of the corporation may be made, or may fix [a
day], in
advance, a record date not more than 60 or less than 10 days before the [holding]date of any such
meeting as the [day]date as of which stockholders entitled to
notice of and to vote at such meetings must be determined. Only stockholders of
record on that [day]date are entitled to notice or to vote at such a meeting. If a record date is not fixed, the record
date is at the close of business on the day before the day on which notice is
given or, if notice is waived, at the close of business on the day before the
meeting is held. A determination of stockholders of record entitled to notice
of or to vote at a meeting of stockholders applies to an adjournment of the
meeting unless the board of directors fixes a new record date for the adjourned
meeting. The board of directors must fix a new record date if the meeting is
adjourned to a date more than 60 days later than the date set for the original
meeting.

3. The provisions of this section do not restrict the
directors from taking action to protect the interests of the corporation and
its stockholders, including, but not limited to, adopting or executing plans,
arrangements or instruments that deny rights, privileges, power or authority to
a holder or holders of a specified number of shares or percentage of share
ownership or voting power.

Sec. 77. NRS
78.370 is hereby amended to read as follows:

78.3701. [Whenever] If under the provisions
of this chapter stockholders are required or authorized to take any action at a
meeting, the notice of the meeting must be in writing and signed by the
president or a vice president, or the secretary, or an assistant secretary, or
by such other natural person or persons as the bylaws may prescribe or permit
or the directors may designate.

2. The notice must state the purpose or purposes for
which the meeting is called and the time when, and the place, which may be
within or without this state, where it is to be held.

3. A copy of the notice must be delivered personally or
mailed postage prepaid to each stockholder of record entitled to vote at the
meeting not less than 10 nor more than 60 days before the meeting. If mailed,
it must be directed to the stockholder at his address as it appears upon the
records of the corporation, and upon the mailing of any such notice the service
thereof is complete, and the time of the notice begins to run from the date
upon which the notice is deposited in the mail for transmission to the
stockholder. Personal delivery of any such notice to any officer of a
corporation or association, or to any member of a partnership, constitutes
delivery of the notice to the corporation, association or partnership.

4. The articles of incorporation or the bylaws may
require that the notice be also published in one or more newspapers.

5. Notice delivered or mailed to a stockholder in
accordance with the provisions of this section and the provisions, if any, of
the articles of incorporation or the bylaws is sufficient, and in the event of
the transfer of his stock after such delivery or mailing and before the holding
of the meeting it is not necessary to deliver or mail notice of the meeting to
the transferee.

6. Any stockholder may waive notice of any meeting by a
writing signed by him, or his duly authorized attorney, either before or after
the meeting.

7. Unless otherwise provided in the articles of
incorporation or the bylaws, [whenever] if notice is required to be given, under any
provision of this chapter or the articles of incorporation or bylaws of any
corporation, to any stockholder to whom:

(a) Notice of two consecutive annual meetings, and all
notices of meetings or of the taking of action by written consent without a
meeting to him during the period between those two consecutive annual meetings;
or

(b) All, and at least two, payments sent by first-class
mail of dividends or interest on securities during a 12‑month period,

have been mailed addressed to him at his address as shown on
the records of the corporation and have been returned undeliverable, the giving
of further notices to him is not required. Any action or meeting taken or held
without notice to such a stockholder has the same effect as if the notice had
been given. If any such stockholder delivers to the corporation a written
notice setting forth his current address, the requirement
that notice be given to him is reinstated.

setting forth his current address, the requirement that
notice be given to him is reinstated. If the action taken by the corporation is
such as to require the filing of a certificate under any of the other sections
of this chapter, the certificate need not state that notice was not given to
persons to whom notice was not required to be given pursuant to this
subsection.

8. Unless the articles of incorporation or bylaws
otherwise require, and except as otherwise provided in this subsection, if a
stockholders meeting is adjourned to another date, time or place, notice need
not be given of the date, time or place of the adjourned meeting if they are
announced at the meeting at which the adjournment is taken. If a new record
date is fixed for the adjourned meeting, notice of the adjourned meeting must
be given to each stockholder of record as of the new record date.

Sec. 78. NRS
78.378 is hereby amended to read as follows:

78.3781. The provisions of
NRS 78.378 to 78.3793, inclusive, [are applicable]apply to any
acquisition of a controlling interest in an issuing corporation unless the
articles of incorporation or bylaws of the corporation in effect on the 10th
day following the acquisition of a controlling interest by an acquiring person
provide that the provisions of those sections do not apply[.] to the corporation or to an acquisition
of a controlling interest specifically by types of existing or future
stockholders, whether or not identified.

2. The articles of incorporation, the bylaws or a
resolution adopted by the directors of the issuing corporation may impose
stricter requirements on the acquisition of a controlling interest in the
corporation than the provisions of NRS 78.378 to 78.3793, inclusive.

3. The provisions of NRS 78.378 to 78.3793, inclusive,
do not restrict the directors of an issuing corporation from taking action to
protect the interests of the corporation and its stockholders, including, but
not limited to, adopting or executing plans, arrangements or instruments that
deny rights, privileges, power or authority to a holder of a specified number
of shares or percentage of share ownership or voting power.

Sec. 79. NRS
78.3787 is hereby amended to read as follows:

78.3787Interested
stockholder means a person who directly or indirectly exercises [the
voting power]voting
rights in the shares of an issuing corporation and who is:

1. An acquiring person;

2. An officer or a director of the corporation; or

3. An employee [and director]
of the corporation.

Sec. 80. NRS
78.3788 is hereby amended to read as follows:

78.3788Issuing corporation
means a corporation which is organized in this state and which:

1. Has 200 or more stockholders[,]of record, at least 100 of
whom [are stockholders of record and residents of this state;] have addresses in this stateappearing on the stock ledger of
the corporation; and

2. Does business in this state directly or through an
affiliated corporation.

78.3791Except as otherwise
provided by the articles of incorporation of the issuing corporation, a
resolution of the stockholders granting voting rights to the control shares
acquired by an acquiring person must be approved by:

1. The holders of a majority of the voting power of the
corporation; and

2. If the acquisition will result in any change of the
kind described in subsection 3 of NRS 78.390, the holders of a majority of each
class or series affected,

excluding those shares [held by] as to which any
interested stockholder[.] exercises voting rights.

Sec. 82. NRS
78.380 is hereby amended to read as follows:

78.3801. At least two-thirds of the incorporators or of the
board of directors of any corporation, before issuing any stock, may amend the
original articles of incorporation thereof as may be desired by executing [and
acknowledging] or proving in the manner required for
original articles of incorporation, and filing with the secretary of state a
certificate amending, modifying, changing or altering the original articles, in
whole or in part. The certificate must:

(a) Declare that the signers thereof are at least
two-thirds of the incorporators or of the board of directors of the
corporation, and state the corporations name.

(b) State the date upon which the original articles
thereof were filed with the secretary of state.

(c) Affirmatively declare that to the date of the
certificate, no stock of the corporation has been issued.

2. The amendment is effective upon the filing of the
certificate with the secretary of state.

3. This section does not permit the insertion of any
matter not in conformity with this chapter.

Sec. 83. NRS
78.385 is hereby amended to read as follows:

78.3851. Any corporation having stock may amend its articles of
incorporation in any of the following respects:

(a) By addition to its corporate powers and purposes, or
diminution thereof, or both.

(b) By substitution of other powers and purposes, in
whole or in part, for those prescribed by its articles of incorporation.

(c) By increasing, decreasing or reclassifying its
authorized stock, by changing the number, par value, preferences, or relative,
participating, optional or other rights, or the qualifications, limitations or
restrictions of such rights, of its shares, or of any class or series of any
class thereof whether or not the shares are outstanding at the time of the
amendment, or by changing shares with par value, whether or not the shares are
outstanding at the time of the amendment, into shares without par value or by
changing shares without par value, whether or not the shares are outstanding at
the time of the amendment, into shares with par value, either with or without
increasing or decreasing the number of shares, and upon such basis as may be
set forth in the certificate of amendment.

(e) By making any other change or alteration in its
articles of incorporation that may be desired.

2. All such changes or alterations may be effected by
one certificate of amendment; but any articles of incorporation so amended,
changed or altered, may contain only such provisions as it would be lawful and
proper to insert in original articles of incorporation, pursuant to NRS 78.035
and 78.037, if the original articles were executed[, acknowledged]
and filed at the time of making the amendment.

Sec. 84. NRS
78.390 is hereby amended to read as follows:

78.3901. Every amendment adopted pursuant to the provisions of
NRS 78.385 must be made in the following manner:

(a) The board of directors must adopt a resolution
setting forth the amendment proposed and declaring its advisability, and call a
meeting, either annual or special, of the stockholders entitled to vote for the
consideration thereof.

(b) At the meeting, of which notice must be given to each
stockholder entitled to vote pursuant to the provisions of this section, a vote
of the stockholders entitled to vote in person or by proxy must be taken for
and against the proposed amendment. If it appears upon the canvassing of the
votes that stockholders holding shares in the corporation entitling them to
exercise at least a majority of the voting power, or such greater proportion of
the voting power as may be required in the case of a vote by classes or series,
as provided in subsections 3 and 5, or as may be required by the provisions of
the articles of incorporation, have voted in favor of the amendment, the
president, or vice president, and secretary, or assistant secretary, shall
execute a certificate setting forth the amendment, or setting forth the
articles of incorporation as amended, and the vote by which the amendment was
adopted . [,
and the president or vice president shall acknowledge the certificate before a
person authorized by the laws of the place where the acknowledgment is taken to
take acknowledgments of deeds.]

(c) The certificate so executed [and acknowledged]
must be filed in the office of the secretary of state.

2. Upon filing the certificate the articles of
incorporation are amended accordingly.

3. If any proposed amendment would alter or change any
preference or any relative or other right given to any class or series of
outstanding shares, then the amendment must be approved by the vote, in
addition to the affirmative vote otherwise required, of the holders of shares representing
a majority of the voting power of each class or series affected by the
amendment regardless of limitations or restrictions on the voting power
thereof.

4. Provision may be made in the articles of
incorporation requiring, in the case of any specified amendments, a larger
proportion of the voting power of stockholders than that required by this
section.

5. Different series of the same class of shares do not
constitute different classes of shares for the purpose of voting by classes
except when the series is adversely affected by an amendment in a different
manner than other series of the same class.

78.4271. Resident domestic
corporation is limited to a domestic corporation that has 200 or more
stockholders[.] of record.

2. A resident domestic corporation does not cease to be
a resident domestic corporation by reason of events occurring or actions taken
while the resident domestic corporation is subject to NRS 78.411 to 78.444,
inclusive.

Sec. 86. NRS
78.575 is hereby amended to read as follows:

78.575Before the payment of any part of the capital and before
beginning the business for which the corporation was created, the incorporators
or the board of directors named in the articles of incorporation may dissolve a
corporation by filing in the office of the secretary of state a certificate, signed
[and acknowledged] by a majority of the
incorporators or of the board of directors named in the articles of
incorporation, stating that no part of the capital has been paid and the
business has not begun, and thereupon the corporation is dissolved.

Sec. 87. NRS
78.730 is hereby amended to read as follows:

78.7301. Any corporation which did exist or is existing under
the laws of this state may, upon complying with the provisions of NRS 78.180,
procure a renewal or revival of its charter for any period, together with all
the rights, franchises, privileges and immunities, and subject to all its
existing and preexisting debts, duties and liabilities secured or imposed by
its original charter and amendments thereto, or existing charter, by filing:

(a) A certificate with the secretary of state, which must
set forth:

(1) The name of the corporation, which must be the
name of the corporation at the time of the renewal or revival, or its name at
the time its original charter expired.

(2) The name of the person designated as the
resident agent of the corporation, his street address for the service of
process, and his mailing address if different from his street address.

(3) The date when the renewal or revival of the
charter is to commence or be effective, which may be, in cases of a revival,
before the date of the certificate.

(4) Whether or not the renewal or revival is to be
perpetual, and, if not perpetual, the time for which the renewal or revival is
to continue.

(5) That the corporation desiring to renew or revive
its charter is, or has been, organized and carrying on the business authorized
by its existing or original charter and amendments thereto, and desires to
renew or continue through revival its existence pursuant to and subject to the
provisions of this chapter.

(b) A list of its president, secretary and treasurer and
all of its directors and their post office box or street addresses, either
residence or business.

2. A corporation whose charter has not expired and is
being renewed shall cause the certificate to be signed by its president or vice
president and secretary or assistant secretary .[and acknowledged by those
officers before any person authorized by the laws of this state to take
acknowledgments of deeds.] The certificate must be
approved by a majority of the voting power of the shares.

3. A corporation seeking to revive its original or
amended charter shall cause the certificate to be signed by a person or persons
designated or appointed by the stockholders of the corporation .[and acknowledged by the
signer or signers before any person authorized to take acknowledgments of
deeds.] The execution and filing of the certificate must
be approved by the written consent of stockholders of the corporation holding
at least a majority of the voting power and must contain a recital that this
consent was secured. If no stock has been issued, the certificate must contain
a statement of that fact, and a majority of the directors then in office may
designate the person to sign the certificate. The corporation shall pay to the
secretary of state the fee required to establish a new corporation pursuant to
the provisions of this chapter.

4. The filed certificate, or a copy thereof which has
been certified under the hand and seal of the secretary of state, must be
received in all courts and places as prima facie evidence of the facts therein
stated and of the existence and incorporation of the corporation therein named.

Sec. 88. NRS
78.765 is hereby amended to read as follows:

78.7651. The fee for filing a
certificate changing the number of authorized shares pursuant to NRS 78.209 or
a certificate of amendment to articles of incorporation that increases the
corporations authorized stock or a certificate of correction that increases
the corporations authorized stock is the difference between the fee computed
at the rates specified in NRS 78.760 upon the total authorized stock of the
corporation, including the proposed increase, and the fee computed at the rates
specified in NRS 78.760 upon the total authorized capital, excluding the
proposed increase. In no case may the amount be less than $75.

2. The fee for filing a certificate of amendment to
articles of incorporation that does not increase the corporations authorized
stock or a certificate of correction that does not increase the corporations
authorized stock is $75.

3. The fee for filing a certificate [pursuant to NRS 78.195]
or an amended certificate pursuant to NRS 78.1955 is $75.

Sec. 89. NRS
78.770 is hereby amended to read as follows:

78.7701. The fee for filing articles of merger of two or more
domestic corporations is the difference between the fee computed at the rates
specified in NRS 78.760 upon the aggregate authorized stock of the corporation
created by the merger and the fee so computed upon the aggregate amount of the
total authorized stock of the constituent corporations.

2. The fee for filing articles of merger of one or more
domestic corporations with one or more foreign corporations is the difference
between the fee computed at the rates specified in NRS 78.760 upon the
aggregate authorized stock of the corporation created by the merger and the fee
so computed upon the aggregate amount of the total authorized stock of the
constituent corporations which have paid fees as required by NRS 78.760 and
80.050.

3. In no case may the amount paid be less than [$75,] $125, and in no case may
the amount paid pursuant to subsection 2 exceed $25,000.

78.7951. Any natural person or corporation residing or located
in this state may, on or after January 1 of any year but before January 31 of
that year, register his willingness to serve as the resident agent of a
domestic or foreign corporation, limited-liability company or limited
partnership with the secretary of state. The registration must be accompanied
by a fee of $250[.] per office location of the resident
agent.

2. The secretary of state shall maintain a list of those
persons who are registered pursuant to subsection 1 and make the list available
to persons seeking to do business in this state.

Sec. 91. NRS
78A.030 is hereby amended to read as follows:

78A.0301. Any corporation organized under chapter 78 of NRS may
become a close corporation pursuant to this chapter by executing, [acknowledging,]
filing and recording, in accordance with NRS 78.390, a certificate of amendment
of the certificate of incorporation which must:

(a) Contain a statement that the corporation elects to
become a close corporation; and

(b) Meet the requirements of subsection 2 of NRS 78A.020.

2. Except as otherwise provided in subsection 3, the
amendment must be adopted in accordance with the requirements of NRS 78.390.

3. The amendment must be approved by a vote of the
holders of record of at least two-thirds of the shares of each class of stock
of the corporation that are outstanding and entitled to vote, unless the
articles of incorporation or bylaws require approval by a greater proportion.

Sec. 92. NRS
78A.090 is hereby amended to read as follows:

78A.0901. A close corporation
may operate without a board of directors if the certificate of incorporation
contains a statement to that effect.

2. An amendment to the certificate of incorporation
eliminating a board of directors must be approved:

(a) By all the shareholders of the corporation, whether
or not otherwise entitled to vote on amendments; or

(b) If no shares have been issued, by all subscribers for
shares, if any, or if none, by the incorporators.

3. While a corporation is operating without a board of
directors as authorized by subsection 1:

(a) All corporate powers must be exercised by or under
the authority of, and the business and affairs of the corporation managed under
the direction of, the shareholders.

(b) Unless the articles of incorporation provide
otherwise:

(1) Action requiring the approval of the board of
directors or of both the board of directors and the shareholders is authorized
if approved by the shareholders; and

(2) Action requiring a majority or greater
percentage vote of the board of directors is authorized if approved by the
majority or greater percentage of votes of the shareholders entitled to vote on
the action.

(c) A requirement by a state or the United States that a
document delivered for filing contain a statement that specified action has
been taken by the board of directors is satisfied by a statement that the
corporation is a close corporation without a board of
directors and that the action was approved by the shareholders.

close corporation without a board of directors and that the
action was approved by the shareholders.

(d) The shareholders by resolution may appoint one or
more shareholders to sign documents as designated directors.

4. An amendment to the articles of incorporation that
deletes the provision which eliminates a board of directors must be approved by
the holders of at least two-thirds of the votes of each class or series of
shares of the corporation, voting as separate voting groups, whether or not
otherwise entitled to vote on amendments. The amendment must specify the
number, names and mailing addresses of the directors of the corporation or
describe who will perform the duties of the board of directors.

5. As used in this section, sign means to execute or
adopt a name, word or mark, including, without limitation, an electronic symbol
as described in NRS 239.042, with the present intention to authenticate a
document.

Sec. 93. NRS
78A.190 is hereby amended to read as follows:

78A.1901. The status of a corporation as a close corporation
terminates if one or more of the provisions or conditions of this chapter cease
to exist or be fulfilled unless:

(a) Within 30 days after the occurrence of the event, or
within 30 days after the event has been discovered by the corporation, whichever
is later, the corporation files with the secretary of state [a
certificate, executed and acknowledged,] an executed certificate
stating that a specified provision or condition included in the certificate of
incorporation to qualify the corporation as a close corporation has ceased to
be applicable and furnishes a copy of the certificate to each stockholder; and

(b) The corporation, concurrently with the filing of a
certificate, takes such steps as are necessary to correct the situation that
threatens the status as a close corporation, including the refusal to register
the transfer of stock which has been wrongfully transferred as provided by NRS
78A.050 or commencing a proceeding under subsection 2.

2. Upon the suit of the close corporation or any stockholder,
the court has jurisdiction to:

(a) Issue all orders necessary to prevent the corporation
from losing its status as a close corporation.

(b) Restore the status of the corporation as a close
corporation by enjoining or setting aside any act or threatened act on the part
of the corporation or a stockholder that would be inconsistent with any of the
provisions or conditions required or permitted by this chapter to be stated in
the certificate of incorporation of a close corporation, unless it is an act
approved in accordance with NRS 78A.050.

(c) Enjoin or set aside any transfer or threatened
transfer of stock of a close corporation that is contrary to the terms of the
certificate of incorporation or of any permitted restriction on transfer.

(d) Enjoin any public offering or threatened public
offering of stock of the close corporation.

Sec. 94. Chapter
80 of NRS is hereby amended by adding thereto the provisions set forth as
sections 94.1, 94.4 and 94.7 of this act.

Sec. 94.1. As used in this chapter, unless the
context otherwise requires, the words and terms defined in sections 94.4 and
94.7 of this act have the meanings ascribed to them in those sections.

Sec. 94.4. Signed means to have executed or
adopted a name, word or mark, including, without limitation, an electronic
symbol as described in NRS 239.042, with the present intention to authenticate
a document.

Sec. 94.7. Street address of a resident agent
means the actual physical location in this state at which a resident agent is
available for service of process.

Sec. 95. NRS
80.007 is hereby amended to read as follows:

80.0071. A foreign corporation may correct a document filed by
the secretary of state if the document contains an incorrect statement or was
defectively executed, attested, sealed[, verified or
acknowledged.]
or verified.

2. To correct a document, the corporation shall:

(a) Prepare a certificate of correction which:

(1) States the name of the corporation;

(2) Describes the document, including, without
limitation, its filing date;

(3) Specifies the incorrect statement and the reason
it is incorrect or the manner in which the execution [or other formal
authentication] was defective;

(4) Corrects the incorrect statement or defective
execution; and

(5) Is signed by an officer of the corporation; and

(b) Deliver the certificate to the secretary of state for
filing.

3. A certificate
of correction is effective on the effective date of the document it corrects
except as to persons relying on the uncorrected document and adversely affected
by the correction. As to those persons, the certificate is effective when
filed.

Sec. 96. NRS
80.010 is hereby amended to read as follows:

80.0101. Before commencing or
doing any business in this state, every corporation organized pursuant to the
laws of another state, territory, the District of Columbia, a dependency of the
United States or a foreign country, that enters this state to do business must:

(a) File in the office of the secretary of state of this
state:

(1) A certificate of corporate existence issued not
more than 90 days before the date of filing by an authorized officer of the
jurisdiction of its incorporation setting forth the filing of documents and
instruments related to the articles of incorporation, or the governmental acts
or other instrument or authority by which the corporation was created. If the
certificate is in a language other than English, a translation, together with
the oath of the translator and his attestation of its accuracy, must be
attached to the certificate.

(2) A certificate of acceptance of appointment
executed by its resident agent, who must be a resident or located in this
state. The certificate must set forth the name of the resident agent, his
street address for the service of process, and his mailing address if different
from his street address. The street address of the
resident agent is the registered office of the corporation in this state.

street address of the resident agent is the registered office
of the corporation in this state.

(3) A statement executed by an officer of the
corporation[,
acknowledged before a person authorized by the laws of the place where the
acknowledgment is taken to take acknowledgments of deeds,]
setting forth:

(I) A general description of the purposes of the
corporation; and

(II) The authorized stock of the corporation and
the number and par value of shares having par value and the number of shares
having no par value.

(b) Lodge in the office of the secretary of state a copy
of the document most recently filed by the corporation in the jurisdiction of
its incorporation setting forth the authorized stock of the corporation, the
number of par‑value shares and their par value, and the number of
no-par-value shares.

2. The secretary of state shall not file the documents
required by subsection 1 for any foreign corporation whose name is [the
same as, or deceptively similar to the name of a corporation, limited
partnership or limited-liability company existing pursuant to the laws of this
state or a foreign corporation, foreign limited partnership or foreign
limited-liability company authorized to transact business in this state or a
name to which the exclusive right is at the time reserved in the manner
provided in the laws of this state,]not distinguishable on the records of the secretary of state
from the names of all other artificial persons formed, organized, registered or
qualified pursuant to the provisions of this Title that are on file in the
office of the secretary of state and all names that are reserved in the office
of the secretary of state pursuant to the provisions of this Title, unless
the written , acknowledged
consent of the holder of the [registered]name on file or reserved name to use the same
name or the requested similar name accompanies the articles of incorporation.

3. The secretary of state shall not accept for filing
the documents required by subsection 1 or NRS 80.110 for any foreign
corporation if the name of the corporation contains the words engineer,
engineered, engineering, professional engineer or licensed engineer
unless the state board of professional engineers and land surveyors certifies
that:

(a) The principals of the corporation are licensed to
practice engineering pursuant to the laws of this state; or

(b) The corporation is exempt from the prohibitions of
NRS 625.520.

4. The secretary of state shall not accept for filing
the documents required by subsection 1 or NRS 80.110 for any foreign
corporation if it appears from the documents that the business to be carried on
by the corporation is subject to supervision by the commissioner of financial
institutions, unless the commissioner certifies that:

(a) The corporation has obtained the authority required
to do business in this state; or

(b) The corporation is not subject to or is exempt from
the requirements for obtaining such authority.

5. The
secretary of state may adopt regulations that interpret the requirements of
this section.

80.0121. The secretary of
state, when requested so to do, shall reserve, for a period of 90 days, the
right to use any name available [under NRS 78.039 or]pursuant to NRS 80.010,
for the use of any foreign corporation. During the period, a name so reserved
is not available for use or
reservation by any [corporation, limited partnership or limited-liability
company]other
artificial person forming, organizing, registering or qualifying in the office
of the secretary of state pursuant to the provisions of this Title without
the written , acknowledged
consent of the person at whose request the reservation was made.

2. The use by any [corporation, limited
partnership or limited-liability company] other artificial person
of a name in violation of subsection
1 or NRS 80.010 [or subsection 1 of this section] may be
enjoined[.] , even if the document under which the
artificial person is formed, organized, registered or qualified has been filed
by the secretary of state.

Sec. 98. NRS
80.015 is hereby amended to read as follows:

80.0151. For the
purposes of this chapter, the following activities do not constitute doing
business in this state:

(a) Maintaining, defending or settling any proceeding;

(b) Holding meetings of the board of directors or
stockholders or carrying on other activities concerning internal corporate
affairs;

(c) Maintaining bank accounts;

(d) Maintaining offices or agencies for the transfer,
exchange and registration of the corporations own securities or maintaining
trustees or depositaries with respect to those securities;

(e) Making sales through independent contractors;

(f) Soliciting or receiving orders outside of this state
through or in response to letters, circulars, catalogs or other forms of
advertising, accepting those orders outside of this state and filling them by
shipping goods into this state;

(h) Securing or collecting debts or enforcing mortgages
and security interests in property securing the debts;

(i) Owning, without more, real or personal property;

(j) Isolated transactions completed within 30 days and
not a part of a series of similar transactions;

(k) The production of motion pictures as defined in NRS
231.020;

(l) Transacting business as an out-of-state depository
institution pursuant to the provisions of Title 55 of NRS; and

(m) Transacting business in interstate commerce.

2. The list of activities in subsection 1 is not
exhaustive.

3. A person who is not doing business in this state
within the meaning of this section need not qualify or comply with any
provision of NRS 80.010 to [80.270,] 80.220, inclusive, chapter 645A or 645B of
NRS or Title 55 or 56 of NRS unless he:

(a) Maintains an office in this state for the transaction
of business; or

(b) Solicits or accepts deposits in the state, except
pursuant to the provisions of chapter 666 or 666A of NRS.

80.0301. Each foreign corporation admitted to do business in
this state shall, within 30 days after the filing of any document amendatory or
otherwise relating to the original articles in the place of its creation, file
in the office of the secretary of state:

(a) A copy of the document certified by an authorized
officer of the place of its creation, or a certificate evidencing the filing,
issued by the authorized officer of the place of its creation with whom the
document was filed; and

(b) A statement of an officer of the corporation[, acknowledged before a
person authorized to take acknowledgments of deeds,] of
the change reflected by the filing of the document, showing its relation to the
name, authorized capital stock, or general purposes.

2. When a foreign corporation authorized to do business
in this state becomes a constituent of a merger permitted by the laws of the
state or country in which it is incorporated, it shall, within 30 days after
the merger becomes effective, file a copy of the agreement of merger filed in
the place of its creation, certified by an authorized officer of the place of
its creation, or a certificate, issued by the proper officer of the place of
its creation, attesting to the occurrence of the event, in the office of the
secretary of state.

3. The secretary
of state may revoke the right of a foreign corporation to transact business in
this state if it fails to file the documents required by this section or pay
the fees incident to that filing.

Sec. 100. NRS
80.070 is hereby amended to read as follows:

80.0701. A foreign
corporation may change its resident agent by filing with the secretary of
state:

(a) A certificate [revoking the appointment
of the agent and designating a new resident agent,]of change, signed by an officer of the
corporation, setting forth [the name of that agent,
his street address for the service of process, and his mailing address if
different from his street address;]:

(1) The
name of the corporation;

(2) The
name and street address of the present resident agent; and

(3) The
name and street address of the new resident agent; and

(b) A certificate of acceptance executed by the new resident agent[.] , which must be a part of or attached
to the certificate of change.

The change
authorized by this subsection becomes effective upon the filing of the
certificate of change.

2. A person who has been designated by a foreign
corporation as resident agent may file with the secretary of state a signed
statement that he is unwilling to continue to act as the agent of the
corporation for the service of process. [The execution of the
statement must be acknowledged.]

3. Upon the filing of the statement of resignation with
the secretary of state, the capacity of the resigning person as resident agent
terminates. If the statement of resignation is not accompanied by [an
acknowledged]a
statement of the corporation appointing a successor resident
agent, the resigning resident agent shall give written notice, by mail, to the
corporation, of the filing of the statement and its effect. The notice must be
addressed to any officer of the corporation other than the resident agent.

4. If a resident agent dies, resigns or moves from the
state, the corporation, within 30 days thereafter, shall file with the
secretary of state a certificate of acceptance executed by the new resident
agent. The certificate must set forth the name of the new resident agent, his
street address for the service of process, and his mailing address if different
from his street address.

5. A corporation that fails to file a certificate of
acceptance executed by a new resident agent within 30 days [of] after the death,
resignation or removal of its resident agent shall be deemed in default and is
subject to the provisions of NRS 80.150 and 80.160.

Sec. 101. NRS
80.110 is hereby amended to read as follows:

80.1101. Each foreign corporation doing business in this state
shall, [within 60 days] on or before the first day of the second month
after the filing of its certificate of corporate existence with the secretary
of state, and annually thereafter on or before the last day of the month in
which the anniversary date of its qualification to do business in this state
occurs in each year, file with the secretary of state , on a form furnished by him, a list of its
president, secretary and treasurer or their equivalent, and all of its directors
and a designation of its resident agent in this state, signed by an officer of
the corporation.

2. Upon filing the list and designation, the corporation
shall pay to the secretary of state a fee of $85.

3. The secretary of state shall, 60 days before the last
day for filing the annual list required by subsection 1, cause to be mailed to
each corporation required to comply with the provisions of NRS 80.110 to
80.170, inclusive, which has not become delinquent, the blank forms to be
completed and filed with him. Failure of any corporation to receive the forms
does not excuse it from the penalty imposed by the provisions of NRS 80.110 to
80.170, inclusive.

4. An annual list for a corporation not in default which
is received by the secretary of state more than 60 days before its due date
shall be deemed an amended list for the previous year[.] and does not satisfy the requirements
of subsection 1 for the year to which the due date is applicable.

Sec. 102. NRS
80.120 is hereby amended to read as follows:

80.120[When the fee for filing] If a corporation has filed
the initial or annual list of officers and directors and designation of
resident agent [has been paid,]in compliance with NRS 80.110 and has paid the appropriate
fee for the filing, the canceled check received by the
corporation constitutes a certificate authorizing it to transact its business
within this state until the last day of the month in which the anniversary of
its qualification to transact business occurs in the next succeeding calendar
year. If the corporation desires a formal certificate upon its payment of the
initial or annual fee, its payment must be accompanied by a self-addressed,
stamped envelope.

Sec. 103. Chapter
81 of NRS is hereby amended by adding thereto the provisions set forth as
sections 103.1, 103.4 and 103.7 of this act.

Sec. 103.1. As used in this chapter, unless the
context otherwise requires, the words and terms defined in sections 103.4 and
103.7 of this act have the meanings ascribed to them in those sections.

Sec. 103.4. Signed means to have executed or
adopted a name, word or mark, including, without limitation, an electronic
symbol as described in NRS 239.042, with the present intention to authenticate
a document.

Sec. 103.7. Street address of a resident agent
means the actual physical location in this state at which a resident agent is
available for service of process.

Sec. 104. NRS
81.060 is hereby amended to read as follows:

81.0601. The articles of incorporation must be:

(a) Subscribed by three or more of the original members,
a majority of whom must be residents of this state.

(b) [Acknowledged by each before a person authorized to take and
certify acknowledgments of conveyances of real property.

(c)]
Filed, together with a certificate of acceptance of appointment executed by the
resident agent of the corporation, in the office of the secretary of state in
all respects in the same manner as other articles of incorporation are filed.

2. If a corporation formed under NRS 81.010 to 81.160,
inclusive, is authorized to issue stock there must be paid to the secretary of
state for filing the articles of incorporation the fee applicable to the amount
of authorized stock of the corporation which the secretary of state is required
by law to collect upon the filing of articles of incorporation which authorize
the issuance of stock.

3. The secretary of state shall issue to the corporation
over the great seal of the state a certificate that a copy of the articles
containing the required statements of facts has been filed in his office.

4. Upon the issuance of the certificate by the secretary
of state, the persons signing the articles and their associates and successors
are a body politic and corporate. When so filed, the articles of incorporation
or certified copies thereof must be received in all the courts of this state,
and other places, as prima facie evidence of the facts contained therein.

Sec. 105. NRS
81.200 is hereby amended to read as follows:

81.2001. Every association formed under NRS 81.170 to 81.270,
inclusive, shall prepare articles of association in writing, setting forth:

(a) The name of the association.

(b) The purpose for which it is formed.

(c) The name of the person designated as the resident
agent, the street address for service of process, and the mailing address if
different from the street address.

(d) The term for which it is to exist, which may be
perpetual.

(e) The number of the directors thereof, and the names
and residences of those selected for the first year.

(f) The amount which each member is to pay upon admission
as a fee for membership, and that each member signing the articles has actually
paid the fee.

(g) That the interest and right of each member therein is
to be equal.

(h) The name and post office box or street address,
either residence or business, of each of the persons executing the articles of
association.

2. The articles of association must be subscribed by the
original associates or members . [,
and acknowledged by each before some person competent to take an acknowledgment
of a deed in this state.]

3. The articles so subscribed [and acknowledged]
must be filed, together with a certificate of acceptance of appointment
executed by the resident agent for the association, in the office of the
secretary of state, who shall furnish a certified copy thereof. From the time
of the filing in the office of the secretary of state, the association may
exercise all the powers for which it was formed.

Sec. 106. NRS
81.450 is hereby amended to read as follows:

81.4501. The articles of incorporation must be:

(a) Subscribed by three or more of the original members,
a majority of whom must be residents of this state.

(b) [Acknowledged by each before a person authorized to take and
certify acknowledgments of conveyances of real property.

(c)]
Filed, together with a certificate of acceptance of appointment executed by the
resident agent for the corporation, in the office of the secretary of state in
all respects in the same manner as other articles of incorporation are filed.

2. The secretary of state shall issue to the corporation
over the great seal of the state a certificate that a copy of the articles
containing the required statements of facts has been filed in his office.

3. Upon the issuance of the certificate by the secretary
of state the persons signing the articles and their associates and successors
are a body politic and corporate. When so filed, the articles of incorporation
or certified copies thereof must be received in all the courts of this state,
and other places, as prima facie evidence of the facts contained therein.

Sec. 107. Chapter
82 of NRS is hereby amended by adding thereto the provisions set forth as
sections 108, 109 and 109.5 of this act.

Sec. 108. Sign means to affix a signature to a
document.

Sec. 109. Signature means a name, word or mark
executed or adopted by a person with the present intention to authenticate a
document. The term includes, without limitation, an electronic symbol as
described in NRS 239.042.

Sec. 109.5. Street address of a resident agent
means the actual physical location in this state at which a resident agent is
available for service of process.

Sec. 110. NRS
82.006 is hereby amended to read as follows:

82.006As used in this chapter the words and terms defined in NRS
82.011 to 82.041, inclusive, and
sections 108, 109 and 109.5 of this act have the meanings
ascribed to them in those sections.

Sec. 111. NRS
82.061 is hereby amended to read as follows:

82.0611. A certificate of election to accept this chapter
pursuant to NRS 82.056 must be signed by the president or a vice president and
by the secretary or an assistant secretary [and acknowledged before a
person authorized by the laws of this state to take acknowledgments of deeds]
and must set forth:

(b) A statement by the corporation that it has elected to
accept this chapter and adopt new articles of incorporation conforming to the
provisions of this chapter and any other statutes pursuant to which the
corporation may have been organized.

(c) If there are members or stockholders entitled to vote
thereon, a statement setting forth the date of the meeting of the members or
stockholders at which the election to accept this chapter and adopt new
articles was made, that a quorum was present at the meeting and that acceptance
and adoption was authorized by at least a majority of the votes which members
or stockholders present at the meeting in person or by proxy were entitled to
cast.

(d) If there are no members or stockholders entitled to
vote thereon, a statement of that fact, the date of the meeting of the board of
directors at which the election to accept and adopt was made, that a quorum was
present at the meeting and that the acceptance and adoption were authorized by
a majority vote of the directors present at the meeting.

(e) A statement that, in addition, the corporation
followed the requirements of the law under which it was organized, its old
articles of incorporation and its old bylaws so far as applicable in effecting
the acceptance.

(f) A statement that the attached copy of the articles of
incorporation of the corporation are the new articles of incorporation of the
corporation.

(g) If the corporation has issued shares of stock, a
statement of that fact including the number of shares theretofore authorized,
the number issued and outstanding and that upon the effective date of the
certificate of acceptance the authority of the corporation to issue shares of
stock is thereby terminated.

2. The certificate so signed [and acknowledged]
must be filed in the office of the secretary of state.

Sec. 112. NRS
82.063 is hereby amended to read as follows:

82.0631. The board of directors of a corporation without shares
of stock which was organized before October 1, 1991, pursuant to any provision
of chapter 81 of NRS or a predecessor statute and whose permissible term of
existence as stated in the articles of incorporation has expired may, within 10
years after the date of the expiration of its existence, elect to revive its
charter and accept this chapter by adopting a resolution reviving the expired
charter and adopting new articles of incorporation conforming to this chapter
and any other statutes pursuant to which the corporation may have been
organized. The new articles of incorporation need not contain the names,
addresses, signatures or acknowledgments of the incorporators.

2. A certificate of election to accept this chapter
pursuant to this section must be signed by the president or a vice president [and
acknowledged before a person authorized by the laws of this state to take
acknowledgments of deeds,] and must set forth:

(a) The name of the corporation.

(b) A statement by the corporation that it has elected to
accept this chapter and adopt new articles of incorporation conforming to the
provisions of this chapter and any other statutes pursuant to which the
corporation may have been organized.

(c) A statement by the corporation that since the
expiration of its charter it has remained organized and continued to carry on
the activities for which it was formed and authorized by its original articles
of incorporation and amendments thereto, and desires to continue through
revival its existence pursuant to and subject to the provisions of this
chapter.

(d) A statement that the attached copy of the articles of
incorporation of the corporation are the new articles of incorporation of the
corporation.

(e) A statement setting forth the date of the meeting of
the board of directors at which the election to accept and adopt was made, that
a quorum was present at the meeting and that the acceptance and adoption were
authorized by a majority vote of the directors present at the meeting.

3. The certificate so signed [and acknowledged,]
and a certificate of acceptance of appointment executed by the resident agent
of the corporation[,]
must be filed in the office of the secretary of state.

4. The new articles of incorporation become effective on
the date of filing the certificate. The corporations existence continues from
the date of expiration of the original term, with all the corporations rights,
franchises, privileges and immunities and subject to all its existing and
preexisting debts, duties and liabilities.

Sec. 113. NRS
82.081 is hereby amended to read as follows:

82.0811. One or more natural persons may associate to establish
a corporation no part of the income or profit of which is distributable to its
members, directors or officers, except as otherwise provided in this chapter,
for the transaction of any lawful business, or to promote or conduct any
legitimate object or purpose, pursuant and subject to the requirements of this
chapter, by:

(a) Executing[, acknowledging] and filing in the
office of the secretary of state articles of incorporation; and

(b) Filing a certificate of acceptance of appointment,
executed by the resident agent of the corporation, in the office of the
secretary of state.

2. The secretary of state shall require articles of
incorporation to be in the form prescribed by NRS 82.086. If any articles are
defective in this respect, the secretary of state shall return them for
correction.

Sec. 114. NRS
82.086 is hereby amended to read as follows:

82.086 The articles of incorporation must
set forth:

1. The name of
the corporation. A name appearing to be that of a natural person and containing
a given name or initials must not be used as a corporate name except with an
additional word or words such as Incorporated, Inc., Limited, Ltd.,
Company, Co., Corporation, Corp., or other word which identifies it as
not being a natural person.

2. The name of
the person designated as the corporations resident agent, his street address
where he maintains an office for service of process, and his mailing address if
different from the street address.

3. That the
corporation is a nonprofit corporation.

4. The nature of
the business, or objects or purposes proposed to be transacted, promoted or
carried on by the corporation. It is sufficient to state, either alone or with
other purposes, that the corporation may engage in any lawful activity, subject
to expressed limitations, if any. Such a statement makes all lawful activities
within the objects or purposes of the corporation.

5. [Whether
the members of the governing board are styled directors or trustees of the
corporation, and the]The number, names and post office box or
street addresses, residence or business, of the first board of directors or
trustees, together with any desired provisions relative to the right to change
the number of directors.

6. The names and
post office box or street address, residence or business, of each of the
incorporators signing the articles of incorporation.

Sec. 115. NRS
82.096 is hereby amended to read as follows:

82.0961. The name [of]proposed for a
corporation must be distinguishable on the records of the secretary of state from the names of
all other artificial persons formed,
organized [or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87,
88 or 89 of NRS whose names], registered or qualified pursuant to the provisions of this
Title that are on file in the office of the secretary of state[.]and all names that are reserved in the
office of the secretary of state pursuant to the provisions of this Title. If
a proposed name is not so distinguishable, the secretary of state shall return
the articles of incorporation containing it to the incorporator, unless the
written ,
acknowledged consent of the holder of the [registered]name on file or
reserved name to use the same name or the requested similar name accompanies
the articles of incorporation.

2. For the purposes of this section and NRS 82.101, a
proposed name is not [distinguished] distinguishable from a [registered]name on file or
reserved name solely because one or the other contains distinctive lettering, a
distinctive mark, a trade-mark or a trade name, or any combination of these.

3. The name of a corporation whose charter has been
revoked, [whose existence has terminated,] which
has merged and is not the surviving [corporation, or which for
any other reason is no longer in good standing in this state]entity or whose existence has
otherwise terminated is available for use by any other artificial
person.

4. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 116. NRS
82.101 is hereby amended to read as follows:

82.1011. The secretary of
state, when requested to do so, shall reserve, for a period of 90 days, the
right to use any name available under NRS 82.096 for the use of any proposed
corporation. During the period, a name so reserved is not available for use or reservation by any [for-profit
or nonprofit corporation, limited partnership or limited-liability company]other artificial person forming,
organizing, registering or qualifying in the office of the secretary of state
pursuant to the provisions of this Title without the written , acknowledged consent of
the person at whose request the reservation was made.

2. The use by any [for-profit or nonprofit
corporation, limited partnership or limited-liability company]other artificial person of
a name in violation of subsection
1 or NRS 82.096 [or subsection 1 of this section] may be
enjoined, even if the [articles of incorporation or organization of the corporation
or limited-liability company, or the certificate of limited partnership, have]document under which the
artificial person is formed, organized, registered or qualified has been
filed by the secretary of state.

82.3461. If the first meeting of the directors has not taken
place and if there are no members, a majority of the incorporators of a corporation
may amend the original articles by executing and [acknowledging or]
proving in the manner required for original articles, and filing with the
secretary of state, a certificate amending, modifying, changing or altering the
original articles, in whole or in part. The certificate must:

(a) Declare that the signers thereof are a majority of
the original incorporators of the corporation;

(b) State the date upon which the original articles were
filed with the secretary of state; and

(c) Affirmatively declare that to the date of the
certification no meeting of the directors has taken place and the corporation
has no members other than the incorporators.

2. The amendment is effective upon the filing of the
certificate with the secretary of state.

3. This section does not permit the insertion of any
matter not in conformity with this chapter.

4. The secretary of state shall charge the fee allowed
by law for filing the amended certificate of incorporation.

Sec. 118. NRS
82.351 is hereby amended to read as follows:

82.3511. A corporation whose directors have held a first
meeting or which has members who are not incorporators may amend its articles
in any of the following respects:

(a) By addition to its corporate powers and purposes, or
diminution thereof, or both.

(b) By substitution of other powers and purposes, in
whole or in part, for those prescribed by its articles of incorporation.

(c) By changing the name of the corporation.

(d) By making any other change or alteration in its
articles of incorporation that may be desired.

2. All such changes or alterations may be effected by
one certificate of amendment. Articles so amended, changed or altered may
contain only such provisions as it would be lawful and proper to insert in
original articles, pursuant to NRS 82.086 and 82.091 or the other statutes
governing the contents of the corporations articles, if the original articles
were executed[,
acknowledged] and filed at the time of making the
amendment.

Sec. 119. NRS
82.356 is hereby amended to read as follows:

82.3561. Every amendment adopted pursuant to the provisions of
NRS 82.351 must be made in the following manner:

(a) The board of directors must adopt a resolution
setting forth the amendment proposed, approve it and, if the corporation has
members entitled to vote on an amendment to the articles, call a meeting,
either annual or special, of the members. The amendment must also be approved
by every public official or other person whose approval of an amendment of
articles is required by the articles.

(b) At the meeting of members, of which notice must be
given to each member entitled to vote pursuant to the provisions of this
section, a vote of the members entitled to vote in person or by proxy must be
taken for and against the proposed amendment.

against the proposed amendment. A majority of a quorum of the
voting power of the members or such greater proportion of the voting power of
members as may be required in the case of a vote by classes, as provided in
subsection 3, or as may be required by the articles, must vote in favor of the
amendment.

(c) Upon approval of the amendment by the directors, or
if the corporation has members entitled to vote on an amendment to the
articles, by both the directors and those members, and such other persons or
public officers, if any, as are required to do so by the articles, the chairman
of the board or the president or vice president, and the secretary or assistant
secretary, must execute a certificate setting forth the amendment, or setting
forth the articles as amended, that the public officers or other persons, if
any, required by the articles have approved the amendment, and the vote of the
members and directors by which the amendment was adopted. [The chairman of the board
or the president or vice president, and the secretary or assistant secretary,
must acknowledge the certificate before a person authorized by the laws of the
place where the acknowledgment is taken to take acknowledgments of deeds.]

(d) The certificate so executed [and acknowledged,]
must be filed in the office of the secretary of state.

2. Upon filing the certificate, the articles of incorporation
are amended accordingly.

3. If any proposed amendment would alter or change any
preference or any relative or other right given to any class of members, then
the amendment must be approved by the vote, in addition to the affirmative vote
otherwise required, of the holders of a majority of a quorum of the voting
power of each class of members affected by the amendment regardless of
limitations or restrictions on their voting power.

4. In the case of any specified amendments, the articles
may require a larger vote of members than that required by this section.

Sec. 120. NRS
82.466 is hereby amended to read as follows:

82.4661. A federal court may take the same actions with respect
to corporations governed by this chapter as a federal court may take with
respect to corporations governed by chapter 78 of NRS under subsection 1 of NRS
78.622.

2. A corporation governed by this chapter shall file
with the secretary of state a
certified copy of the [plans] confirmed plan of
reorganization and the [notices] notice of bankruptcy described in NRS 78.622 .[and 78.626.]

Sec. 121. NRS
82.471 is hereby amended to read as follows:

82.4711. Whenever any corporation becomes insolvent or suspends
its ordinary business for want of funds to carry on the business, or if its
business has been and is being conducted at a great loss and greatly
prejudicial to the interest of its creditors or members, creditors holding 10
percent of the outstanding indebtedness, or members, if any, having 10 percent
of the voting power to elect directors, may, by petition or bill of complaint
setting forth the facts and circumstances of the case, apply to the district
court of the county in which the registered office of the corporation is
located for a writ of injunction and the appointment of a receiver or receivers
or trustee or trustees.

2. The court, being satisfied by affidavit or otherwise
of the sufficiency of the application and of the truth of the allegations
contained in the petition or bill, and upon hearing after such notice as the
court by order may direct, shall proceed in a summary way to hear the
affidavits, proofs and allegations which may be offered in behalf of the
parties.

3. If upon the inquiry it appears to the court that the
corporation has become insolvent and is not about to resume its business in a
short time thereafter, or that its business has been and is being conducted at
a great loss and greatly prejudicial to the interests of its creditors or
members, so that its business cannot be conducted with safety to the public, it
may issue an injunction to restrain the corporation and its officers and agents
from exercising any of its privileges or franchises and from collecting or
receiving any debts or paying out, selling, assigning or transferring any of
its estate, [moneys,] money, funds, lands, tenements or effects,
except to a receiver appointed by the court, until the court otherwise orders.

[4. Within 30 days after filing for the relief described in
this section, the person filing for such relief must file with the secretary of
state a notice of the application, specifying:

(a) The date
of the application;

(b) The name
and address of the court where the application is filed; and

(c) The
number assigned to the case by the court.

The person filing
for such relief with respect to a corporation for public benefit shall
immediately send a copy of the notice to the attorney general by registered
mail, return receipt requested.]

Sec. 122. NRS
82.491 is hereby amended to read as follows:

82.4911. The court may appoint a temporary receiver upon the
same grounds and pursuant to the same procedure as provided in the Nevada Rules
of Civil Procedure for granting a temporary restraining order. A hearing must
be held on the appointment of a temporary receiver within 15 days after the
receivers appointment, unless the appointment is extended by order of the court
or upon stipulation of the parties.

2. The court may, if good cause exists, appoint one or
more receivers. Directors or trustees who have not been guilty of negligence or
active breach of duty must be preferred in making the appointment.

3. Receivers so appointed have, among the usual powers,
all the functions, powers, tenure and duties to be exercised under the
direction of the court as are conferred on receivers and as provided in NRS
82.476 and 82.481 whether the corporation is insolvent or not.

4. The court may, at any time, grant lesser equitable
relief, order a partial liquidation, terminate the receivership, or dissolve or
terminate the corporation as would be just and proper in the circumstances.

[5. Within 30 days after filing for the relief described in
NRS 82.486, the person filing for that relief must file with the secretary of
state a notice of the application, specifying:

(a) The date
of the application;

(b) The name
and address of the court in which the application was filed; and

(c) The
number assigned to the case by the court.The
person filing for such relief with respect to a corporation for public benefit
shall immediately send a copy of the notice to the attorney general by
registered mail, return receipt requested.]

The person filing
for such relief with respect to a corporation for public benefit shall
immediately send a copy of the notice to the attorney general by registered
mail, return receipt requested.]

Sec. 123. NRS
82.546 is hereby amended to read as follows:

82.5461. Any corporation which did exist or is existing
pursuant to the laws of this state may, upon complying with the provisions of
NRS 78.150 and 82.193, procure a renewal or revival of its charter for any
period, together with all the rights, franchises, privileges and immunities,
and subject to all its existing and preexisting debts, duties and liabilities
secured or imposed by its original charter and amendments thereto, or its
existing charter, by filing:

(a) A certificate with the secretary of state, which must
set forth:

(1) The name of the corporation, which must be the
name of the corporation at the time of the renewal or revival, or its name at
the time its original charter expired.

(2) The name and street address of the resident
agent of the filing corporation, and his mailing address if different from his
street address.

(3) The date when the renewal or revival of the
charter is to commence or be effective, which may be, in cases of a revival,
before the date of the certificate.

(4) Whether or not the renewal or revival is to be
perpetual, and, if not perpetual, the time for which the renewal or revival is
to continue.

(5) That the corporation desiring to renew or revive
its charter is, or has been, organized and carrying on the business authorized
by its existing or original charter and amendments thereto, and desires to
renew or continue through revival its existence pursuant to and subject to the
provisions of this chapter.

(b) A list of its president, secretary and treasurer and
all of its directors and their post office box and street addresses, either
residence or business.

2. A corporation whose charter has not expired and is
being renewed shall cause the certificate to be signed by its president or vice
president and secretary or assistant secretary . [, and acknowledged by
those officers before any person authorized by law to administer oaths or
affirmations.] The certificate must be approved by a
majority of the last-appointed surviving directors.

3. A corporation seeking to revive its original or
amended charter shall cause the certificate to be signed by its president or
vice president and secretary or assistant secretary . [, and acknowledged by
those officers before any person authorized by law to administer oaths or
affirmations.] The execution and filing of the certificate
must be approved unanimously by the last-appointed surviving directors of the
corporation and must contain a recital that unanimous consent was secured. The
corporation shall pay to the secretary of state the fee required to establish a
new corporation pursuant to the provisions of this chapter.

4. The filed certificate, or a copy thereof which has
been certified under the hand and seal of the secretary of state, must be
received in all courts and places as prima facie evidence of the facts therein
stated and of the existence and incorporation of the corporation named therein.

Sec. 124. Chapter
84 of NRS is hereby amended by adding thereto the provisions set forth as
sections 124.1, 124.4 and 124.7 of this act.

Sec. 124.1. As used in this chapter, unless the
context otherwise requires, the words and terms defined in sections 124.4 and
124.7 of this act have the meanings ascribed to them in those sections.

Sec. 124.4. Signed means to have executed or
adopted a name, word or mark, including, without limitation, an electronic
symbol as described in NRS 239.042, with the present intention to authenticate
a document.

Sec. 124.7. Street address of a resident agent
means the actual physical location in this state at which a resident agent is
available for service of process.

Sec. 125. NRS
84.020 is hereby amended to read as follows:

84.020An archbishop, bishop, president, trustee in trust,
president of stake, president of congregation, overseer, presiding elder,
district superintendent, other presiding officer or clergyman of a church or
religious society or denomination, who has been chosen, elected or appointed in
conformity with the constitution, canons, rites, regulations or discipline of
the church or religious society or denomination, and in whom is vested the
legal title to property held for the purposes, use or benefit of the church or
religious society or denomination, may make and subscribe written articles of
incorporation, in duplicate, [acknowledge the articles before a person authorized to take
acknowledgments and file one copy of the articles,]
together with a certificate of acceptance of appointment executed by the
resident agent of the corporation, in the office of the secretary of state and
retain possession of the other.

Sec. 126. NRS
84.060 is hereby amended to read as follows:

84.060All deeds and other instruments in writing [shall
be:

1. Made] must be made in the name
of the corporation and signed by the person representing the corporation.

[2. Sealed with the seal of the corporation, an impression of
which seal shall be filed in the office of the secretary of state.]

Sec. 127. NRS
84.120 is hereby amended to read as follows:

84.1201. A resident agent who wishes to resign shall file with
the secretary of state a signed statement for each corporation sole that he is
unwilling to continue to act as the agent of the corporation for the service of
process. [The execution of the statement must be acknowledged.]
A resignation is not effective until the signed statement is filed with the
secretary of state.

2. The statement of resignation may contain [an
acknowledged]
a statement of the affected corporation sole appointing a
successor resident agent for that corporation. A certificate of acceptance
executed by the new resident agent, stating the full name, complete street
address and, if different from the street address, mailing address of the new
resident agent, must accompany the statement appointing a successor resident
agent.

3. Upon the filing of the statement of resignation with
the secretary of state, the capacity of the resigning person as resident agent
terminates. If the statement of resignation contains no statement by the
corporation sole appointing a successor resident agent, the resigning resident
agent shall immediately give written notice, by mail, to
the corporation of the filing of the statement and its effect.

immediately give written notice, by mail, to the corporation
of the filing of the statement and its effect. The notice must be addressed to
the person in whom is vested the legal title to property specified in NRS
84.020.

4. If a resident agent dies, resigns or removes from the
state, the corporation sole, within 30 days thereafter, shall file with the
secretary of state a certificate of acceptance executed by the new resident
agent. The certificate must set forth the full name and complete street address
of the new resident agent for the service of process, and may have a separate
mailing address, such as a post office box, which may be different from the
street address.

5. A corporation sole that fails to file a certificate
of acceptance executed by the new resident agent within 30 days after the
death, resignation or removal of its former resident agent shall be deemed in
default and is subject to the provisions of NRS 84.130 and 84.140.

Sec. 128. Chapter
86 of NRS is hereby amended by adding thereto the provisions set forth as
sections 129 to 133, inclusive, of this act.

Sec. 129. Sign means to affix a signature to a
document.

Sec. 130. Signature means a name, word or mark
executed or adopted by a person with the present intention to authenticate a
document. The term includes, without limitation, an electronic symbol as
described in NRS 239.042.

Sec. 130.5. Street address of a resident agent
means the actual physical location in this state at which a resident agent is
available for service of process.

Sec. 131. 1. A limited-liability company which
did exist or is existing under the laws of this state may, upon complying with
the provisions of NRS 86.276, procure a renewal or revival of its charter for
any period, together with all the rights, franchises, privileges and
immunities, and subject to all its existing and preexisting debts, duties and
liabilities secured or imposed by its original charter and amendments thereto, or
existing charter, by filing:

(a) A
certificate with the secretary of state, which must set forth:

(1) The
name of the limited-liability company, which must be the name of the
limited-liability company at the time of the renewal or revival, or its name at
the time its original charter expired.

(2) The
name of the person designated as the resident agent of the limited-liability
company, his street address for the service of process, and his mailing address
if different from his street address.

(3) The
date when the renewal or revival of the charter is to commence or be effective,
which may be, in cases of a revival, before the date of the certificate.

(4) Whether
or not the renewal or revival is to be perpetual, and, if not perpetual, the
time for which the renewal or revival is to continue.

(5) That
the limited-liability company desiring to renew or revive its charter is, or
has been, organized and carrying on the business authorized by its existing or
original charter and amendments thereto, and desires to renew or continue
through revival its existence pursuant to and subject to the provisions of this
chapter.

(b) A list
of its managers, or if there are no managers, all its managing members and
their post office box or street addresses, either residence or business.

2. A
limited-liability company whose charter has not expired and is being renewed
shall cause the certificate to be signed by its manager, or if there is no
manager, by a person designated by its members. The certificate must be
approved by a majority of the members.

3. A
limited-liability company seeking to revive its original or amended charter
shall cause the certificate to be signed by a person or persons designated or
appointed by the members. The execution and filing of the certificate must be
approved by the written consent of a majority of the members and must contain a
recital that this consent was secured. The limited-liability company shall pay
to the secretary of state the fee required to establish a new limited-liability
company pursuant to the provisions of this chapter.

4. The filed certificate, or a copy thereof which has
been certified under the hand and seal of the secretary of state, must be
received in all courts and places as prima facie evidence of the facts therein
stated and of the existence of the limited-liability company therein named.

Sec. 132. A limited-liability company that has
revived or renewed its certificate pursuant to the provisions of this chapter:

1. Is a limited-liability company and continues to be a
limited-liability company for the time stated in the certificate of revival or
renewal;

2. Possesses the rights, privileges and immunities
conferred by the original certificate and by this chapter; and

3. Is subject to the restrictions and liabilities set
forth in this chapter.

Sec. 133. Before the issuance of members
interests an organizer, and after the issuance of members interests a manager,
of a limited-liability company may authorize the secretary of state in writing
to replace any page of a document submitted for filing, on an expedited basis,
before the actual filing, and to accept the page as if it were part of the
originally signed filing. The signed authorization of the organizer or manager
to the secretary of state permits, but does not require, the secretary of state
to alter the original document as requested.

Sec. 134. NRS
86.011 is hereby amended to read as follows:

86.011As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 86.021 to 86.125, inclusive, and sections 129, 130 and 130.5 of this
act have the meanings ascribed to them in those sections.

Sec. 135. NRS
86.151 is hereby amended to read as follows:

86.1511. One or more persons may form a limited-liability
company by:

(a) Executing[, acknowledging] and filing with the
secretary of state articles of organization for the company; and

(b) Filing with the secretary of state a certificate of
acceptance of appointment, executed by the resident agent of the company.

2. Upon the filing of the articles of organization and
the certificate of acceptance with the secretary of state, and the payment to
him of the required filing fees, the secretary of state shall issue to the
company a certificate that the articles, containing the required statement of
facts, have been filed.

3. A signer of the articles of organization or a manager
designated in the articles does not thereby become a member of the company. At
all times after commencement of business by the company, the company must have
one or more members. The filing of the articles does not, by itself, constitute
commencement of business by the company.

Sec. 136. NRS
86.161 is hereby amended to read as follows:

86.1611. The articles of organization must set forth:

(a) The name of the limited-liability company;

(b) The name and complete street address of its resident
agent, and the mailing address of the resident agent if different from the
street address;

(c) The name and post office or street address, either
residence or business, of each of the organizers executing the articles; and

(d) If the company is to be managed by [one] :

(1) One
or more managers, the name and post office or street address, either residence
or business, of each manager; [and

(e) If the
company is to be managed by the]or

(2) The
members, the name and post office or street address, either
residence or business, of each member.

2. The articles may set forth any other provision, not
inconsistent with law, which the members elect to set out in the articles of
organization for the regulation of the internal affairs of the company,
including any provisions which under this chapter are required or permitted to
be set out in the operating agreement of the company.

3. It is not necessary to set out in the articles of
organization:

(a) The rights, if any, of the members to contract debts
on behalf of the limited-liability company; or

(b) Any of the powers enumerated in this chapter.

Sec. 137. NRS
86.171 is hereby amended to read as follows:

86.1711. The name of a
limited-liability company formed under the provisions of this chapter must
contain the words Limited-Liability Company, Limited Company, or Limited
or the abbreviations Ltd., L.L.C., L.C., LLC or LC. The word
Company may be abbreviated as Co.

2. The name proposed for a limited-liability company
must be distinguishable on the
records of the secretary of state from the names of all other
artificial persons formed, organized
[or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87,
88 or 89 of NRS whose names], registered or qualified pursuant to the provisions of this
Title that are on file in the office of the secretary of state[.]and all names that are reserved in the
office of the secretary of state pursuant to the provisions of this Title. If
a proposed name is not so distinguishable, the secretary of state shall return
the articles of organization to the organizer, unless the written , acknowledged consent of
the holder of the [registered]name on file or reserved name to use the same
name or the requested similar name accompanies the articles of organization.

3. For the purposes of this section and NRS 86.176, a
proposed name is not [distinguished] distinguishable from a [registered]name on file or
reserved name solely because one or the other contains distinctive lettering, a
distinctive mark, a trade-mark or a trade name, or any combination of these.

4. The name of a limited-liability company whose charter
has been revoked, [whose existence has terminated,] which
has merged and is not the surviving [company, or which for any
other reason is no longer in good standing]entity or whose existence has otherwise
terminated is available for use by any other artificial person.

5. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 138. NRS
86.176 is hereby amended to read as follows:

86.1761. The secretary of
state, when requested so to do, shall reserve, for a period of 90 days, the
right to use any name available under NRS 86.171, for the use of any proposed
limited-liability company. During the period, a name so reserved is not
available for use or reservation by
any [corporation, limited partnership or limited-liability company]other artificial person forming,
organizing, registering or qualifying in the office of the secretary of state
pursuant to the provisions of this Title without the written, acknowledged consent
of the person at whose request the reservation was made.

2. The use by any [corporation, limited
partnership or limited-liability company]other artificial person of
a name in violation of subsection
1 or NRS 86.171 [or subsection 1 of this section] may be
enjoined, [notwithstanding the fact that the articles of incorporation
or organization of the corporation or limited-liability company or the
certificate of limited partnership may have]even if the document under which the
artificial person is formed, organized, registered or qualified has been
filed by the secretary of state.

Sec. 139. NRS
86.221 is hereby amended to read as follows:

86.2211. The articles of organization
of a limited-liability company may be amended for any purpose, not inconsistent
with law, as determined by all of the members or permitted by the articles or
an operating agreement.

2. An amendment must be made in the form of a
certificate setting forth:

(a) The name of the limited-liability company;

(b) The date of filing of the articles of organization;
and

(c) The amendment to the articles of organization.

3. The certificate of amendment must be signed [and
acknowledged] by a manager of the company, or if
management is not vested in a manager, by a member.

4. Restated articles of organization may be executed and
filed in the same manner as a certificate of amendment.

Sec. 140. NRS
86.226 is hereby amended to read as follows:

86.2261. A signed [and
acknowledged] certificate of amendment, or a certified
copy of a judicial decree of amendment, must be filed with the secretary of
state. A person who executes a certificate as an agent, officer or fiduciary of
the limited-liability company need not exhibit evidence of his authority as a
prerequisite to filing. Unless the secretary of state finds that a certificate does not conform to law, upon his receipt of all
required filing fees he shall file the certificate.

certificate does not conform to law, upon his receipt of all
required filing fees he shall file the certificate.

2. Upon the filing of a certificate of amendment or
judicial decree of amendment in the office of the secretary of state, the
articles of organization are amended as set forth therein.

Sec. 141. NRS
86.235 is hereby amended to read as follows:

86.2351. If a limited-liability company [created]formed pursuant to
this chapter desires to change [the location within this state of its registered office, or
change] its resident agent, [or both,]
the change may be effected by filing with the secretary of state a certificate
of change ,signed by a manager of the company or,
if management is not vested in a manager, by a member, that sets
forth:

[1.](a) The name of the
limited-liability company;

[2. That the change authorized by this section is effective
upon the filing of the certificate of change;

3. The
street address of its present registered office;

4. If the
present registered office is to be changed, the street address of the new
registered office;

5.](b) The name and street address of its
present resident agent; and

[6. If the present resident agent is to be changed, the name]

(c) The name
and street address of the new resident agent.

2. The
new resident agents certificate of acceptance must be a part of or attached to
the certificate of change.

[The certificate of change must be signed by a manager of the
limited-liability company or, if no manager has been elected, by a member of
the company.]

3. The change
authorized by this section becomes effective upon the filing of the certificate
of change.

Sec. 142. NRS
86.251 is hereby amended to read as follows:

86.2511. A resident agent who desires to resign shall file with
the secretary of state a signed statement for each limited-liability company
that he is unwilling to continue to act as the agent of the limited-liability
company for the service of process. [The execution of the
statement must be acknowledged.] A resignation is not
effective until the signed statement is filed with the secretary of state.

2. The statement of resignation may contain [an
acknowledged]
a statement of the affected limited-liability company appointing
a successor resident agent for that limited-liability company, giving the
agents full name, street address for the service of process, and mailing
address if different from the street address. A certificate of acceptance
executed by the new resident agent must accompany the statement appointing a
successor resident agent.

3. Upon the filing of the statement of resignation with
the secretary of state the capacity of the resigning person as resident agent
terminates. If the statement of resignation contains no statement by the
limited-liability company appointing a successor resident agent, the resigning
agent shall immediately give written notice, by mail, to the limited-liability
company of the filing of the statement and its effect. The notice must be
addressed to any manager or, if none, to any member, of the limited-liability
company other than the resident agent.

4. If a resident agent dies, resigns or moves from the
state, the limited-liability company, within 30 days thereafter, shall file
with the secretary of state a certificate of acceptance executed by the new
resident agent. The certificate must set forth the name, complete street
address and mailing address, if different from the street address, of the new
resident agent.

5. Each limited-liability company which fails to file a
certificate of acceptance executed by the new resident agent within 30 days
after the death, resignation or removal of its resident agent as provided in
subsection 4, shall be deemed in default and is subject to the provisions of
NRS 86.272 and 86.274.

Sec. 143. NRS
86.266 is hereby amended to read as follows:

86.266[When the fee for filing] If a limited-liability company has
filed the annual list of managers or members and designation of a
resident agent [has been paid,] in compliance with NRS 86.263 and has paid the appropriate
fee for the filing, the canceled check received by the
limited-liability company constitutes a certificate authorizing it to transact
its business within this state until the last day of the month in which the
anniversary of its formation occurs in the next succeeding calendar year. If
the company desires a formal certificate upon its payment of the annual fee,
its payment must be accompanied by a self-addressed, stamped envelope.

Sec. 144. NRS
86.278 is hereby amended to read as follows:

86.2781. Except as otherwise
provided in subsection 2, if a limited-liability company applies to reinstate
its charter but its name has been legally acquired or reserved by [another
limited-liability company or]any other artificial person formed, organized [or
registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS], registered or qualified pursuant
to the provisions of this Title whose name is on file [and
in good standing] with the office of the secretary of state[,] or reserved in the office of the
secretary of state pursuant to the provisions of this Title, the
company shall submit in writing to the secretary of state some other name under
which it desires its existence to be reinstated. If that name is
distinguishable from all other names reserved or otherwise on file , [and in good standing,]
the secretary of state shall issue to the applying limited-liability company a
certificate of reinstatement under that new name.

2. If the applying limited-liability company submits the
written , acknowledged
consent of the artificial person having the name, or the person reserving the
name, which is not distinguishable from the old name of the applying company or
a new name it has submitted, it may be reinstated under that name.

3. For the purposes of this section, a proposed name is
not [distinguished]distinguishable from a name [used] on file or reserved name solely because one or
the other contains distinctive lettering, a distinctive mark, a trade-mark or a
trade name , or any
combination of [those.] these.

4. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 145. NRS
86.301 is hereby amended to read as follows:

86.301Except as otherwise
provided in this chapter or in its articles of organization, no debt may be
contracted or liability incurred by or on behalf of a limited-liability
company, except by one or more of its managers if

management of the limited-liability company has been vested
by the members in a manager or managers or, if management of the
limited-liability company is retained by the members, then as provided in the
articles of organization[.] or the operating agreement.

Sec. 146. NRS
86.531 is hereby amended to read as follows:

86.5311. When all debts, liabilities and obligations have been
paid and discharged or adequate provision has been made therefor and all of the
remaining property and assets have been distributed to the members, articles of
dissolution must be prepared[,
signed and acknowledged,] and signed setting forth:

(a) The name of the limited-liability company;

(b) That all debts, obligations and liabilities have been
paid and discharged or that adequate provision has been made therefor;

(c) That all the remaining property and assets have been
distributed among its members in accordance with their respective rights and
interests; and

(d) That there are no suits pending against the company
in any court or that adequate provision has been made for the satisfaction of
any judgment, order or decree which may be entered against it in any pending
suit.

2. The articles must be signed by a manager, or if there
is no manager by a member, of the company.

Sec. 147. NRS
86.541 is hereby amended to read as follows:

86.5411. The signed [and acknowledged]
articles of dissolution must be filed with the secretary of state. Unless the
secretary of state finds that the articles of dissolution do not conform to
law, he shall when all fees and license taxes prescribed by law have been paid
issue a certificate that the limited-liability company is dissolved.

2. Upon the filing of the articles of dissolution the existence
of the company ceases, except for the purpose of suits, other proceedings and
appropriate action as provided in this chapter. The manager or managers in
office at the time of dissolution, or the survivors of them, are thereafter
trustees for the members and creditors of the dissolved company and as such
have authority to distribute any property of the company discovered after
dissolution, convey real estate and take such other action as may be necessary
on behalf of and in the name of the dissolved company.

Sec. 148. NRS
87.020 is hereby amended to read as follows:

87.020As used in this chapter, unless the context otherwise
requires:

1. Bankrupt includes bankrupt under the Federal
Bankruptcy Act or insolvent under any state insolvent act.

2. Business includes every trade, occupation or
profession.

3. Conveyance includes every assignment, lease,
mortgage or encumbrance.

4. Court includes every court and judge having
jurisdiction in the case.

5. Professional service means any type of personal
service which may legally be performed only pursuant to a license or
certificate of registration.

7. Registered limited-liability partnership means a
partnership formed pursuant to an agreement governed by this chapter for the
purpose of rendering a professional service and registered pursuant to and
complying with NRS 87.440 to 87.560, inclusive.

8. Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, an
electronic symbol as described in NRS 239.042.

9. Signed means to have affixed a signature to a
document.

10. Street address of a resident agent means the
actual physical location in this state at which a resident agent is available
for service of process.

Sec. 149. NRS
87.450 is hereby amended to read as follows:

87.4501. The name [of] proposed for a registered
limited-liability partnership must contain the words Limited-Liability
Partnership or Registered Limited-Liability Partnership or the abbreviation
L.L.P. or LLP as the last words or letters of the name and must be
distinguishable on the records of
the secretary of state from the names of all other artificial
persons formed, organized
[or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87,
88 or 89 of NRS whose names], registered or qualified pursuant to the provisions of this
Title that are on file in the office of the secretary of state[.]and all names that are reserved in the
office of the secretary of state pursuant to the provisions of this Title. If
the name of the registered limited-liability partnership on a certificate of
registration of limited-liability partnership submitted to the secretary of
state is not distinguishable from a name on file[,]or reserved name, the
secretary of state shall return the certificate to the person who signed it
unless the written ,
acknowledged consent of the holder of the [registered]
name on file or
reserved name to use the name accompanies the certificate.

2. For the purposes of this section, a proposed name is
not [distinguished]distinguishable from a [registered]name on file or
reserved name solely because one or the other contains distinctive lettering, a
distinctive mark, a trade-mark or a trade name, or any combination of these.

3. The name of a registered limited-liability
partnership whose right to transact business has been forfeited, [whose
existence has terminated,] which has merged and is not the
surviving [partnership, or which for any other reason is no longer in
good standing in this state]entity or whose existence has otherwise terminated is
available for use by any other [registered limited-liability partnership or other]
artificial person.

4. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 150. NRS
87.455 is hereby amended to read as follows:

87.4551. Except as otherwise
provided in subsection 2, if a registered limited-liability partnership applies
to reinstate its right to transact business but its name has been legally
acquired by [another registered limited-liability partnership or]
any other artificial person formed,
organized [or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87,
88 or 89 of NRS], registered or qualified pursuant to the provisions of this
Title whose name is on file [and in good standing]
with the office of the secretary
of state[,]or reserved in the office of the secretary of state pursuant to the
provisions of this Title, the applying registered limited-liability partnership
shall submit in writing to the secretary of state some other name under which
it desires its right to transact business to be reinstated.

in the office of
the secretary of state pursuant to the provisions of this Title, the
applying registered limited-liability partnership shall submit in writing to
the secretary of state some other name under which it desires its right to transact
business to be reinstated. If that name is distinguishable from all other names
reserved or otherwise on file ,[and in good standing,] the secretary of
state shall issue to the applying registered limited-liability partnership a
certificate of reinstatement under that new name.

2. If the applying registered limited-liability
partnership submits the written ,
acknowledged consent of the artificial person having the name, or the person
who has reserved the name, that is not distinguishable from the old name of the
applying registered limited-liability partnership or a new name it has
submitted, it may be reinstated under that name.

3. For the purposes of this section, a proposed name is
not [distinguished]distinguishable from a name [used]on file or reserved name solely because one or
the other contains distinctive lettering, a distinctive mark, a trade-mark or a
trade name, or any combination [thereof.] of these.

4. The
secretary of state may adopt regulations that interpret the requirements of this
section.

Sec. 151. NRS
87.490 is hereby amended to read as follows:

87.4901. If a registered limited-liability partnership wishes
to change the location of its principal office in this state or its resident
agent, it shall first file with the secretary of state a certificate of change
that sets forth:

(a) The name of the registered limited-liability
partnership;

(b) The street address of its principal office;

(c) If the location of its principal office will be
changed, the street address of its new principal office;

(d) The name of its resident agent; and

(e) If its resident agent will be changed, the name of
its new resident agent.

The certificate of acceptance of its new resident agent must
accompany the certificate of change.

2. A certificate of change filed pursuant to this
section must be:

(a) Signed by a managing partner of the registered
limited-liability partnership; and

(b) [Acknowledged by a person competent to take an acknowledgment
of deeds in this state; and

(c)]
Accompanied by a fee of $15.

Sec. 152. NRS
87.500 is hereby amended to read as follows:

87.5001. A resident agent of a registered limited-liability
partnership who wishes to resign shall file with the secretary of state a
signed statement that he is unwilling to continue to act as the resident agent
of the registered limited-liability partnership for service of process. [The
execution of the statement must be acknowledged by a person competent to take
an acknowledgment of deeds in this state.] A resignation
is not effective until the signed statement is filed with the secretary of
state.

2. The statement of resignation may contain [an
acknowledged]
a statement by the affected registered limited-liability
partnership appointing a successor resident agent. A certificate of acceptance
signed by the new agent, stating the full name, complete street address and, if
different from the street address, the mailing address of
the new agent, must accompany the statement appointing the new resident agent.

address, the mailing address of the new agent, must accompany
the statement appointing the new resident agent.

3. Upon the filing of the statement with the secretary
of state, the capacity of the person as resident agent terminates. If the
statement of resignation contains no statement by the registered
limited-liability partnership appointing a successor resident agent, the
resigning agent shall immediately give written notice, by certified mail, to
the registered limited-liability partnership of the filing of the statement and
its effect. The notice must be addressed to a managing partner in this state.

4. If a resident agent dies, resigns or removes himself
from the state, the registered limited-liability partnership shall, within 30
days thereafter, file with the secretary of state a certificate of acceptance,
executed by the new resident agent. The certificate must set forth the full
name, complete street address and, if different from the street address, the
mailing address of the newly designated resident agent. If a registered
limited-liability partnership fails to file a certificate of acceptance within
the period required by this subsection, it is in default and is subject to the
provisions of NRS 87.520.

Sec. 153. NRS
87.510 is hereby amended to read as follows:

87.5101. A registered limited-liability partnership shall
annually, on or before the last day of the month in which the anniversary date
of the filing of its certificate of registration of limited partnership [or
certificate of continuance] with the secretary of state
occurs, file with the secretary of state, on a form furnished by him, a list
containing:

(a) The name of the registered limited-liability
partnership;

(b) The file number of the registered limited-liability
partnership, if known;

(c) The names of all of its managing partners;

(d) The mailing or street address, either residence or
business, of each managing partner; and

(e) The signature of a managing partner of the registered
limited-liability partnership certifying that the list is true, complete and
accurate.

2. [If the registered limited-liability partnership has had no
changes in its managing partners since its previous list was filed, no annual
list need be filed if a managing partner certifies to the secretary of state as
a true and accurate statement that no changes in the managing partners have
occurred.

3.]
Upon filing the list of managing partners, [or certifying that no
changes have occurred,] the registered limited-liability
partnership shall pay to the secretary of state a fee of $85.

[4.] 3. The secretary of state shall, at least 60
days before the last day for filing the annual list required by subsection 1,
cause to be mailed to the registered limited-liability partnership a notice of
the fee due pursuant to subsection [3]2 and a reminder to file
the annual list of managing partners . [or a certification of no
change.] The failure of any registered limited-liability
partnership to receive a notice or form does not excuse it from complying with
the provisions of this section.

[5.] 4. If the list to be filed pursuant to the
provisions of subsection 1 is defective, or the fee required by subsection [3] 2 is not paid, the
secretary of state may return the list for correction or payment.

[6.] 5. An annual list that is filed by a
registered limited-liability partnership which is not in default more than 60
days before it is due shall be deemed an amended list for the previous year[.] and does not satisfy the requirements
of subsection 1 for the year to which the due date is applicable.

Sec. 154. NRS
87.550 is hereby amended to read as follows:

87.550In addition to any other fees required by NRS 87.440 to
87.540, inclusive, and 87.560, the secretary of state shall charge and collect
the following fees for services rendered pursuant to those sections:

1. For certifying documents required by NRS 87.440 to
87.540, inclusive, and 87.560, $10[.] per certification.

2. For executing a certificate verifying the existence
of a registered limited-liability partnership, if the registered
limited-liability partnership has not filed a certificate of amendment, $15.

3. For executing a certificate verifying the existence
of a registered limited-liability partnership, if the registered
limited-liability partnership has filed a certificate of amendment, $20.

4. For executing, certifying or filing any certificate
or document not required by NRS 87.440 to 87.540, inclusive, and 87.560, $20.

5. For any copies made by the office of the secretary of
state, $1 per page.

6. For examining and provisionally approving any
document before the document is presented for filing, $100.

Sec. 155. NRS
88.315 is hereby amended to read as follows:

88.315As used in this chapter, unless the context otherwise
requires:

1. Certificate of limited partnership means the
certificate referred to in NRS 88.350, and the certificate as amended or
restated.

2. Contribution means any cash, property, services
rendered, or a promissory note or other binding obligation to contribute cash
or property or to perform services, which a partner contributes to a limited
partnership in his capacity as a partner.

3. Event of withdrawal of a general partner means an
event that causes a person to cease to be a general partner as provided in NRS
88.450.

4. Foreign limited partnership means a partnership
formed under the laws of any state other than this state and having as partners
one or more general partners and one or more limited partners.

5. General partner means a person who has been
admitted to a limited partnership as a general partner in accordance with the
partnership agreement and named in the certificate of limited partnership as a
general partner.

6. Limited partner means a person who has been
admitted to a limited partnership as a limited partner in accordance with the
partnership agreement.

7. Limited partnership and domestic limited
partnership mean a partnership formed by two or more persons under the laws of
this state and having one or more general partners and one or more limited
partners.

8. Partner means a limited or general partner.

9. Partnership agreement means any valid agreement,
written or oral, of the partners as to the affairs of a limited partnership and
the conduct of its business.

10. Partnership interest means a partners share of
the profits and losses of a limited partnership and the right to receive
distributions of partnership assets.

11. Registered office means the office maintained at
the street address of the resident agent.

12. Resident agent means the agent appointed by the
limited partnership upon whom process or a notice or demand authorized by law
to be served upon the limited partnership may be served.

13. Sign
means to affix a signature to a document.

14. Signature
means a name, word or mark executed or adopted by a person with the present
intention to authenticate a document. The term includes, without limitation, an
electronic symbol as described in NRS 239.042.

15. State
means a state, territory or possession of the United States, the District of
Columbia or the Commonwealth of Puerto Rico.

16. Street
address of a resident agent means the actual physical location in this state
at which a resident is available for service of process.

Sec. 156. NRS
88.320 is hereby amended to read as follows:

88.3201. The name [of] proposed for a limited
partnership as set forth in its certificate of limited partnership:

(a) Must contain without abbreviation the words limited
partnership;

(b) May not contain the name of a limited partner
unless:

(1) It is also the name of a general partner or the
corporate name of a corporate general partner; or

(2) The business of the limited partnership
had been carried on under that name before the admission of that limited
partner; and

(c) Must be distinguishable on the records of the secretary of state from
the names of all other artificial persons formed, organized [or registered under
chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names], registered or qualified pursuant
to the provisions of this Title that are on file in the office of
the secretary of state[.]and all names that are reserved in
the office of the secretary of state pursuant to the provisions of this Title. If
the name on the certificate of limited partnership submitted to the secretary
of state is not distinguishable from any name on file[,]or reserved name, the
secretary of state shall return the certificate to the filer, unless the
written ,
acknowledged consent to the use of the same or the requested similar name of
the holder of the [registered]name on file or reserved name accompanies the
certificate of limited partnership.

2. For the purposes of this section, a proposed name is
not [distinguished]distinguishable from a [registered] name on file or reserved
name solely because one or the other contains distinctive lettering, a
distinctive mark, a trade-mark or a trade name, or any combination [thereof.] of these.

3. The name of a limited partnership whose right to
transact business has been forfeited, [whose existence has
terminated,] which has merged and is not the surviving [limited
partnership, or which for any other reason is no longer in good standing in
this state]entity
or whose existence has otherwise terminated is available for use
by any other [limited partnership or other] artificial
person.

4. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 157. NRS
88.327 is hereby amended to read as follows:

88.3271. Except as otherwise
provided in subsection 2, if a limited partnership applies to reinstate its
right to transact business but its name has been legally acquired by [another
limited partnership or] any other artificial person formed, organized [or
registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS], registered or qualified pursuant
to the provisions of this Title whose name is on file [and
in good standing] with the office of the secretary of state[,]or reserved in the office of the
secretary of state pursuant to the provisions of this Title, the
applying limited partnership shall submit in writing to the secretary of state
some other name under which it desires its right to be reinstated. If that name
is distinguishable from all other names reserved or otherwise on file ,[and in good standing,]
the secretary of state shall issue to the applying limited partnership a
certificate of reinstatement under that new name.

2. If the applying limited partnership submits the
written ,
acknowledged consent of the [limited partnership or] other artificial
person having the name, or the person who has reserved the name, that is not
distinguishable from the old name of the applying limited partnership or a new
name it has submitted, it may be reinstated under that name.

3. For the purposes of this section, a proposed name is
not [distinguished]distinguishable from a name [used]on file or reserved name solely because one or
the other contains distinctive lettering, a distinctive mark, a trade-mark or a
trade name, or any combination [thereof.] of these.

4. The
secretary of state may adopt regulations that interpret the requirements of
this section.

Sec. 158. NRS
88.331 is hereby amended to read as follows:

88.3311. If a limited partnership created pursuant
to this chapter desires to change [the location within this
state of its registered office, or change its resident agent, or both,]its resident agent, the
change may be effected by filing with the secretary of state a certificate [that]of change, signed by a general
partner, which sets forth:

[1.](a) The name of the limited partnership;

[2. That the change authorized by this section is effective
upon the filing of the certificate of change;

3. The
street address of its present registered office;

4. If the
present registered office is to be changed, the street address of the new
registered office;

5.](b) The name and street address of its
present resident agent; and

[6. If the present resident agent is to be changed, the]

(c) The
name and street address of
the new resident agent.

2. The
new resident agents certificate of acceptance must be a part of or attached to
the certificate of change.

[The certificate of change must be signed by a general partner
of the limited partnership.]

3. The change authorized by this section becomes
effective upon the filing of the certificate of change.

88.3321. Any person who has been designated by a limited
partnership as its resident agent and who thereafter desires to resign shall
file with the secretary of state a signed statement that he is unwilling to
continue to act as the resident agent of the limited partnership. [The
execution of the statement must be acknowledged.] A
resignation is not effective until the signed statement is filed with the secretary
of state. The statement of resignation may contain [an acknowledged] a statement by the
affected limited partnership appointing a successor resident agent for the
limited partnership. A certificate of acceptance executed by the new agent,
stating the full name, complete street address and, if different from the
street address, mailing address of the new agent, must accompany the statement
appointing the new agent.

2. Upon the filing of the statement with the secretary
of state the capacity of the person as resident agent terminates. If the
statement of resignation does not contain a statement by the limited
partnership appointing a successor resident agent, the resigning agent shall
immediately give written notice, by mail, to the limited partnership of the
filing of the statement and the effect thereof. The notice must be addressed to
a general partner of the partnership other than the resident agent.

3. If a designated resident agent dies, resigns or
removes from the state, the limited partnership, within 30 days thereafter,
shall file with the secretary of state a certificate of acceptance, executed by
the new resident agent. The certificate must set forth the full name, complete
street address and, if different from the street address, mailing address of
the newly designated resident agent.

4. Each limited partnership which fails to file a
certificate of acceptance executed by the new resident agent within 30 days
after the death, resignation or removal of its resident agent as provided in
subsection 3 shall be deemed in default and is subject to the provisions of NRS
88.400 and 88.405.

Sec. 160. NRS
88.395 is hereby amended to read as follows:

88.3951. A limited partnership shall annually, on or before the
last day of the month in which the anniversary date of the filing of its
certificate of limited partnership occurs, file with the secretary of state, on
a form furnished by him, a list containing:

(a) The name of the limited partnership;

(b) The file number of the limited partnership, if known;

(c) The names of all of its general partners;

(d) The mailing or street address, either residence or
business, of each general partner; and

(e) The signature of a general partner of the limited
partnership certifying that the list is true, complete and accurate.

2. [If the limited partnership has had no changes in its general
partners since its previous list was filed, no amended list need be filed if a
general partner certifies to the secretary of state as a true and accurate
statement that no changes in the general partners have occurred.

3.]
Upon filing the list of general partners, [or certifying that no
changes have occurred,] the limited partnership shall pay
to the secretary of state a fee of $85.

[4.] 3. The secretary of state shall, 60 days
before the last day for filing the list required by subsection 1, cause to be
mailed to each limited partnership required to comply with the provisions of
this section which has not become delinquent a notice of the fee due pursuant
to the provisions of subsection [3] 2 and a reminder to file the annual list . [or a certificate of no
change.] Failure of any limited partnership to receive a
notice or form does not excuse it from the penalty imposed by NRS 88.400.

[5.] 4. If the list to be filed pursuant to the
provisions of subsection 1 is defective or the fee required by subsection [3] 2 is not paid, the secretary
of state may return the list for correction or payment.

[6.] 5. An annual list for a limited partnership
not in default that is received by the secretary of state more than 60 days
before its due date shall be deemed an amended list for the previous year[.] and does not satisfy the requirements
of subsection 1 for the year to which the due date is applicable.

Sec. 161. NRS
88.400 is hereby amended to read as follows:

88.4001. [When the annual fee for filing] If a corporation has filed
the list [has been paid,] in compliance with NRS 88.395 and has paid the appropriate
fee for the filing, the canceled check received by the limited
partnership constitutes a certificate authorizing it to transact its business
within this state until the anniversary date of the filing of its certificate
of limited partnership in the next succeeding calendar year. If the limited
partnership desires a formal certificate upon its payment of the annual fee,
its payment must be accompanied by a self-addressed, stamped envelope.

2. Each limited partnership which refuses or neglects to
file the list and pay the fee within the time provided is in default.

3. For default there must be added to the amount of the
fee a penalty of $15, and unless the filings are made and the fee and penalty
are paid on or before the first day of the ninth month following the month in
which filing was required, the defaulting limited partnership, by reason of its
default, forfeits its right to transact any business within this state.

Sec. 162. NRS
88.415 is hereby amended to read as follows:

88.415The secretary of state, for services relating to his
official duties and the records of his office, shall charge and collect the
following fees:

1. For filing a certificate of limited partnership, or
for registering a foreign limited partnership, $125.

2. For filing a certificate of amendment of limited
partnership or restated certificate of limited partnership, $75.

3. For filing a reinstated certificate of limited
partnership, $50.

4. For filing the annual list of general partners and
designation of a resident agent, $85.

5. For filing a certificate of a change of location of
the records office of a limited partnership or the office of its resident
agent, or a designation of a new resident agent, $15.

6. For certifying a certificate of limited partnership,
an amendment to the certificate, or a certificate as amended where a copy is
provided, $10[.] per certification.

7. For certifying an authorized printed copy of the
limited partnership law, $10.

8. For reserving a limited partnership name, or for
executing, filing or certifying any other document, $20.

9. For copies made at the office of the secretary of
state, $1 per page.

10. For filing a certificate of cancellation of a
limited partnership, $30.

Except as otherwise provided in this section, the fees set
forth in NRS 78.785 apply to this chapter.

Sec. 163. NRS
88.575 is hereby amended to read as follows:

88.575Before transacting business in this state, a foreign
limited partnership shall register with the secretary of state. In order to
register, a foreign limited partnership shall submit to the secretary of state
an application for registration as a foreign limited partnership, signed [and
acknowledged] by a general partner , and a signed certificate of acceptance of a
resident agent. The application for registration must set forth:

1. The name of the foreign limited partnership and, if
different, the name under which it proposes to register and transact business
in this state;

2. The state and date of its formation;

3. The name and address of the resident agent whom the
foreign limited partnership elects to appoint;

4. A statement that the secretary of state is appointed
the agent of the foreign limited partnership for service of process if the
resident agents authority has been revoked or if the resident agent cannot be
found or served with the exercise of reasonable diligence;

5. The address of the office required to be maintained
in the state of its organization by the laws of that state or, if not so
required, of the principal office of the foreign limited partnership;

6. The name and business address of each general
partner; and

7. The address of the office at which is kept a list of
the names and addresses of the limited partners and their capital
contributions, together with an undertaking by the foreign limited partnership
to keep those records until the foreign limited partnerships registration in
this state is canceled or withdrawn.

Sec. 164. NRS
88.595 is hereby amended to read as follows:

88.595A foreign limited partnership may cancel its registration
by filing with the secretary of state a certificate of cancellation signed [and
acknowledged] by a general partner. The certificate must
set forth:

1. The name of the foreign limited partnership;

2. The date upon which its certificate of registration
was filed;

3. The reason for filing the certificate of
cancellation;

4. The effective date of the cancellation if other than
the date of the filing of the certificate of cancellation; and

5. Any other information deemed necessary by the general
partners of the partnership.

A cancellation does not terminate the authority of the
secretary of state to accept service of process on the foreign limited
partnership with respect to causes of action arising out of the transactions of
business in this state.

Sec. 165. NRS
89.250 is hereby amended to read as follows:

89.2501. A professional association shall, on or before the
last day of the month in which the anniversary date of its organization occurs
in each year, furnish a statement to the secretary of state showing the names
and residence addresses of all members and employees in
such association and shall certify that all members and employees are licensed
to render professional service in this state.

residence addresses of all members and employees in such
association and shall certify that all members and employees are licensed to
render professional service in this state.

2. The statement must:

(a) Be made on a form prescribed by the secretary of
state [but] and must not contain any fiscal or other
information except that expressly called for by this section.

(b) Be signed by the chief executive officer of the association.

3. Upon filing the annual statement required by this
section, the association shall pay to the secretary of state a fee of $15.

4. As used in this section, signed means to have
executed or adopted a name, word or mark, including, without limitation, an
electronic symbol as described in NRS 239.042, with the present intention to
authenticate a document.

Sec. 166. Chapter
92A of NRS is hereby amended by adding thereto the provisions set forth as
sections 167 to 170, inclusive, of this act.

Sec. 167. Business
trust means:

1. A domestic business trust; or

2. An unincorporated association formed
pursuant to, existing under or governed by the law of a jurisdiction other than
this state and generally described by section 4 of this act.

Sec. 168. Domestic business trust means a
business trust formed and existing pursuant to the provisions of sections 2 to
51, inclusive, of this act.

Sec. 169. Unless otherwise provided in the
certificate of trust or governing instrument of a business trust, a merger must
be approved by all the trustees and beneficial owners of each business trust
that is a constituent entity in the merger.

Sec. 170. After a merger or exchange is approved,
at any time after the articles of merger or exchange are filed but before an
effective date specified in the articles which is later than the date of filing
the articles, the planned merger or exchange may be terminated in accordance
with a procedure set forth in the plan of merger or exchange by filing articles
of termination pursuant to the provisions of NRS 92A.240.

Sec. 171. NRS
92A.005 is hereby amended to read as follows:

92A.005As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 92A.007 to 92A.080, inclusive, and sections 167 and 168 of this act have
the meanings ascribed to them in those sections.

Sec. 172. NRS
92A.045 is hereby amended to read as follows:

92A.045Entity means a
foreign or domestic corporation, whether or not for profit, limited-liability company ,[or]
limited partnership[.] or business trust.

Sec. 173. NRS
92A.080 is hereby amended to read as follows:

92A.080Owners interest
means shares of stock in a corporation, membership in a nonprofit corporation,
the interest of a member of a limited-liability company or a beneficial owner of a business trust, or the
partnership interest of a general or limited partner of a limited partnership.

92A.150Unless otherwise
provided in the articles of organization or an operating agreement[, a] :

1. A
plan of merger or exchange involving a domestic limited-liability company must
be approved by members who own a majority of the interests in the current
profits of the company then owned by all of the members[.]; and

2. If
the company has more than one class of members, the plan of merger must be approved
by those members who own a majority of the interests in the current profits of
the company then owned by the members in each class.

Sec. 175. NRS
92A.170 is hereby amended to read as follows:

92A.170After a merger or
exchange is approved, and at any time before the articles of merger or exchange
are filed, the planned merger or exchange may be abandoned, subject to any
contractual rights, without further action, in accordance with the procedure
set forth in the plan of merger or exchange or, if none is set forth, in the
case of:

1. A domestic corporation, whether or not for profit, by
the board of directors;

2. A domestic limited partnership, unless otherwise
provided in the partnership agreement or certificate of limited partnership, by
all general partners; [and]

3. A domestic limited-liability company, unless
otherwise provided in the articles of organization or an operating agreement,
by members who own a majority in interest of the company then owned by all of
the members or, if the company has more than one class of members, by members
who own a majority in interest of the company then owned by the members in each
class[.] ; and

4. A
domestic business trust, unless otherwise provided in the certificate of trust
or governing instrument, by all the trustees.

Sec. 176. NRS
92A.180 is hereby amended to read as follows:

92A.1801. A parent domestic corporation, whether or not for
profit, parent domestic limited-liability company or parent domestic limited
partnership owning at least 90 percent of the outstanding shares of each class
of a subsidiary corporation, 90 percent of the percentage or other interest in
the capital and profits of a subsidiary limited partnership then owned by both
the general and each class of limited partners or 90 percent of the percentage
or other interest in the capital and profits of a [domestic]
subsidiary limited-liability company then owned by each class of members may
merge the subsidiary into itself without approval of the owners of the owners
interests of the parent domestic corporation, domestic limited-liability
company or domestic limited partnership or the owners of the owners interests
of a subsidiary domestic corporation, subsidiary domestic limited-liability
company or subsidiary domestic limited partnership.

2. The board of directors of the parent [domestic]
corporation, the managers of a parent [domestic]
limited-liability company with managers unless otherwise provided in the
operating agreement, all the members of a parent [domestic]
limited-liability company without managers unless otherwise provided in the
operating agreement, or all the general partners of the
parent [domestic] limited partnership shall adopt a plan of merger that sets
forth:

(b) The manner and basis of converting the owners
interests of the [subsidiary] disappearing entity into the owners
interests, obligations or other securities of the [parent] surviving or any other
entity or into cash or other property in whole or in part.

3. The parent shall mail a copy or summary of the plan
of merger to each owner of the subsidiary who does not waive the mailing
requirement in writing.

4. The parent may not deliver articles of merger to the
secretary of state for filing until at least 30 days after the date the parent
mailed a copy of the plan of merger to each owner of the subsidiary who did not
waive the requirement of mailing.

5. Articles of
merger under this section may not contain amendments to the constituent
documents of the [parent] surviving entity.

Sec. 177. NRS
92A.190 is hereby amended to read as follows:

92A.1901. One or more foreign
entities may merge or enter into an exchange of owners interests with one or
more domestic entities if:

(a) In a merger, the merger is permitted by the law of
the jurisdiction under whose law each foreign entity is organized and governed
and each foreign entity complies with that law in effecting the merger;

(b) In an exchange, the entity whose owners interests
will be acquired is a domestic entity, whether or not an exchange of owners
interests is permitted by the law of the jurisdiction under whose law the
acquiring entity is organized;

(c) The foreign entity complies with NRS 92A.200 to
92A.240, inclusive, if it is the surviving entity in the merger or acquiring
entity in the exchange and sets forth in the articles of merger or exchange its
address where copies of process may be sent by the secretary of state ; [, but the execution, and
acknowledgment if applicable, of the articles of merger or exchange by the
foreign entity are subject to the laws governing it rather than to NRS 92A.200
to 92A.240, inclusive;] and

(d) Each domestic entity complies with the applicable
provisions of NRS 92A.100 to 92A.180, inclusive, and, if it is the surviving
entity in the merger or acquiring entity in the exchange, with NRS 92A.200 to
92A.240, inclusive.

2. When the merger or exchange takes effect, the
surviving foreign entity in a merger and the acquiring foreign entity in an
exchange shall be deemed:

(a) To appoint the secretary of state as its agent for
service of process in a proceeding to enforce any obligation or the rights of
dissenting owners of each domestic entity that was a party to the merger or
exchange. Service of such process must be made by personally delivering to and
leaving with the secretary of state duplicate copies of the process and the
payment of a fee of $25 for accepting and transmitting the process. The
secretary of state shall forthwith send by registered or certified mail one of
the copies to the surviving or acquiring entity at its specified address,
unless the surviving or acquiring entity has designated in writing to the
secretary of state a different address for that purpose,
in which case it must be mailed to the last address so designated.

address for that purpose, in which case it must be mailed to
the last address so designated.

(b) To agree that it will promptly pay to the dissenting
owners of each domestic entity that is a party to the merger or exchange the
amount, if any, to which they are entitled under or created pursuant to NRS
92A.300 to 92A.500, inclusive.

3. This section does not limit the power of a foreign
entity to acquire all or part of the owners interests of one or more classes
or series of a domestic entity through a voluntary exchange or otherwise.

Sec. 178. NRS
92A.200 is hereby amended to read as follows:

92A.200After a plan of merger
or exchange is approved as required by this chapter, the surviving or acquiring
entity shall deliver to the secretary of state for filing articles of merger or
exchange setting forth:

1. The name and jurisdiction of organization of each
constituent entity;

2. That a plan of merger or exchange has been adopted by
each constituent entity;

3. If approval of the owners of [the parent] one or more constituent entities
was not required, a statement to that effect[;] and the name of each entity;

4. If approval of owners of one or more constituent
entities was required, the name of
each entity and a statement for each entity that:

(a) The plan was approved by the unanimous consent of the
owners; or

(b) A plan was submitted to the owners pursuant to this
chapter including:

(1) The designation, percentage of total vote or
number of votes entitled to be cast by each class of owners interests entitled
to vote separately on the plan; and

(2) Either the total number of votes or percentage
of owners interests cast for and against the plan by the owners of each class
of interests entitled to vote separately on the plan or the total number of
undisputed votes or undisputed total percentage of owners interests cast for
the plan separately by the owners of each class,

and the number of votes or percentage of owners interests
cast for the plan by the owners of each class of interests was sufficient for
approval by the owners of that class;

5. In the case of a merger, the amendment to the articles
of incorporation, articles of organization ,[or]
certificate of limited partnership or
certificate of trust of the surviving entity; and

6. If the entire plan of merger or exchange is not set
forth, a statement that the complete executed plan of merger or plan of
exchange is on file at the registered office if a corporation ,[or]
limited-liability company[,]or business trust, or office
described in paragraph (a) of subsection 1 of NRS 88.330 if a limited
partnership, [principal place of business if a general partnership,]
or other place of business of the surviving entity or the acquiring entity,
respectively.

Sec. 179. NRS
92A.210 is hereby amended to read as follows:

92A.210The fee for filing
articles of merger ,[or] articles of exchange or articles of termination is
$125.

92A.2301. Articles of merger
or exchange must be signed [and acknowledged] by each domestic
constituent entity as follows:

(a) By the president or a vice president of a domestic
corporation, whether or not for profit;

(b) By all the general partners of a domestic limited
partnership; [and]

(c) By a manager of a domestic limited-liability company
with managers or by all the members of a domestic limited-liability company
without managers[.] ; and

(d) By a
trustee of a domestic business trust.

2. If the domestic
entity is a corporation, the articles must also be signed by the
secretary or an assistant secretary
. [, but the signature need not be acknowledged.]

3. Articles of merger or exchange must
be signed by each foreign constituent entity in the manner provided by the law
governing it.

4. As used in this section, signed means to have
executed or adopted a name, word or mark, including, without limitation, an
electronic symbol as described in NRS 239.042, with the present intention to
authenticate a document.

Sec. 181. NRS
92A.240 is hereby amended to read as follows:

92A.240[If articles of merger or
exchange must be filed, a]

1. A merger
or exchange takes effect upon filing the articles of merger or exchange or upon a
later date as specified in the articles ,[of merger,]
which must not be more than 90 days after the articles are filed. [If
no articles of merger need be filed, the merger or exchange takes effect as
specified in the plan of merger or exchange.]

2. If the filed articles of merger or
exchange specify such a later effective date, the constituent entities may file
articles of termination before the effective date, setting forth:

(a) The name of each constituent entity;
and

(b) That the merger or exchange has been
terminated pursuant to the plan of merger or exchange.

3. The articles of termination must be
executed in the manner provided in NRS 92A.230.

Sec. 182. NRS
92A.250 is hereby amended to read as follows:

92A.2501. When a merger takes
effect:

(a) Every other entity that is a constituent entity
merges into the surviving entity and the separate existence of every entity
except the surviving entity ceases;

(b) The title to all real estate and other property owned
by each merging constituent entity is vested in the surviving entity without
reversion or impairment;

(c) The surviving entity has all of the liabilities of
each other constituent entity;

(d) A proceeding pending against any constituent entity
may be continued as if the merger had not occurred or the surviving entity may
be substituted in the proceeding for the entity whose existence has ceased;

(e) The articles of incorporation, articles of
organization ,[or]
certificate of limited partnership or
certificate of trust of the surviving entity are amended to the
extent provided in the plan of merger; and

(f) The owners interests of each constituent entity that
are to be converted into owners interests, obligations or other securities of
the surviving or any other entity or into cash or other property are converted,
and the former holders of the owners interests are entitled only to the rights
provided in the articles of merger or any created pursuant to NRS 92A.300 to
92A.500, inclusive.

2. When an exchange takes effect, the owners interests
of each acquired entity are exchanged as provided in the plan, and the former
holders of the owners interests are entitled only to the rights provided in
the articles of exchange or any rights created pursuant to NRS 92A.300 to
92A.500, inclusive.

Sec. 183. NRS
92A.315 is hereby amended to read as follows:

92A.315Dissenter means a
stockholder who is entitled to dissent from a domestic corporations action
under NRS 92A.380 and who exercises that right when and in the manner required
by NRS [92A.410]92A.400 to 92A.480, inclusive.

Sec. 184. NRS
92A.420 is hereby amended to read as follows:

92A.4201. If a proposed
corporate action creating dissenters rights is submitted to a vote at a
stockholders meeting, a stockholder who wishes to assert dissenters rights:

(a) Must deliver to the subject corporation, before the
vote is taken, written notice of his intent to demand payment for his shares if
the proposed action is effectuated; and

(b) Must not vote his shares in favor of the proposed
action.

2. A stockholder who does not satisfy the requirements
of subsection 1 and NRS 92A.400
is not entitled to payment for his shares under this chapter.

Sec. 185. NRS
14.020 is hereby amended to read as follows:

14.0201. Every [incorporated
company or association, every]corporation, limited-liability company, [every] limited-liability partnership,
limited partnership, [and every]business trust and municipal corporation
created and existing under the laws of any other state, territory, or foreign
government, or the Government of the United States, [owning property or]
doing business in this state[,]
shall appoint and keep in this state [an agent, who may be
either an individual or a domestic corporation,]a resident agent who resides or is
located in this state, upon whom all legal process [may
be served for the corporation, association, company, partnership or municipal
corporation as]and any demand or notice authorized by law to be served upon
it may be served in the manner provided in subsection 2. The
corporation, [association,]limited-liability company, limited-liability partnership, limited partnership , business trust or
municipal corporation shall file with
the secretary of state a certificate of acceptance of appointment
[executed]signed by its resident agent. The certificate
must set forth the full name and address of the resident agent . [, which must be the same
as that of the registered office.] The certificate must be
renewed in the manner [required by] provided inTitle 7 of NRS [80.070]
whenever a change is made in the appointment or a vacancy occurs in the agency.

2. All legal process and any demand or notice authorized
by law to be served upon the foreign corporation, [association, company or]limited-liability company,
limited-liability partnership, limited partnership ,business trust or municipal corporation may be
served upon the resident agent personally or by leaving a true copy thereof
with a person of suitable age and discretion at the address shown on the
current certificate of acceptance filed with the secretary of state.

3. Subsection 2 provides an additional mode and manner
of serving process, demand or notice and does not affect the validity of any
other service authorized by law.

Sec. 186. NRS
14.030 is hereby amended to read as follows:

14.0301. If any [such
company, association or municipal corporation]artificial person described in NRS
14.020 fails to appoint a resident agent, or fails to file a
certificate of acceptance of appointment for 30 days after a vacancy occurs in [such]the agency, on the
production of a certificate of the secretary of state showing either fact,
which [certificate] is conclusive evidence of
the fact so certified to be made a part of the return of service, the [company,
association or municipal corporation]artificial person may be served with any and
all legal process ,or a demand or notice described in NRS
14.020, by delivering a copy to the secretary of state, or, in
his absence, to any deputy secretary of state, and such service is valid to all
intents and purposes. The copy must:

(a) Include a specific citation to the provisions of this
section. The secretary of state may refuse to accept such service if the proper
citation is not included.

(b) Be accompanied by a fee of $10.

The secretary of state shall keep a copy of the legal process
received pursuant to this section in his office for at least 1 year after
receipt thereof and shall make those records available for public inspection
during normal business hours.

2. In all cases of such service, the defendant has 40
days, exclusive of the day of service, within which to answer or plead.

3. Before such service is authorized, the plaintiff
shall make or cause to be made and filed an affidavit setting forth the facts,
showing that due diligence has been used to ascertain the whereabouts of the
officers of [such company, association or municipal corporation,]the artificial person to be
served, and the facts showing that direct or personal service on,
or notice to, [such company, association or municipal corporation] the artificial person
cannot be had.

4. If it appears from the affidavit that there is a last
known address of [such company, association or municipal corporation,] the artificial person or
any known officers thereof, the plaintiff shall, in addition to and after such
service on the secretary of state, mail or cause to be mailed to [such
company, association or municipal corporation,] the artificial person or
to the known officer, at such address, by registered or certified mail, a copy
of the summons and a copy of the complaint, and in all such cases the defendant
has 40 days after the date of the mailing within which to appear in the action.

5. This section provides an additional manner of serving
process, and does not affect the validity of any other valid service.

104.94041. If a financing statement covering consumer goods is
filed on or after July 1, 1975, then within 1 month or within 10 days following
written demand by the debtor after there is no outstanding secured obligation
and no commitment to make advances, incur obligations or otherwise give value,
the secured party must file with each filing officer with whom the financing
statement was filed, a termination statement to the effect that he no longer
claims a security interest under the financing statement, which shall be
identified by file number. In other cases whenever there is no outstanding
secured obligation and no commitment to make advances, incur obligations or
otherwise give value, the secured party must on written demand by the debtor
send the debtor, for each filing officer with whom the financing statement was
filed, a termination statement to the effect that he no longer claims a
security interest under the financing statement, which shall be identified by
file number. A termination statement signed by a person other than the secured
party of record must be accompanied by a separate written statement of
assignment signed by the secured party of record complying with subsection 2 of
NRS 104.9405, including payment of the required fee. If the affected secured
party fails to file such a termination statement as required by this
subsection, or to send such a termination statement within 10 days after proper
demand therefor he is liable to the debtor for $100, and in addition for any
loss caused to the debtor by such failure.

2. On presentation to the filing officer of such a
termination statement he shall note it in the index. [If he has received the
termination statement in duplicate, he shall return one copy of the termination
statement to the secured party stamped to show the time of receipt thereof.]
If the filing officer has a microfilm or other photographic record of the
financing statement and of any related continuation statement, statement of
assignment and statement of release, he may remove the originals from the files
at any time after receipt of the termination statement, or if he has no such
record, he may remove them from the files at any time after 1 year after
receipt of the termination statement.

3. If the termination statement is in the standard form
required by the secretary of state, the uniform fee for filing and indexing the
termination statement is $15, and otherwise is $20, plus $1 for each additional
debtor or trade name.

[4. If the filing officer has microfilmed the original
documents, he shall make copies of the microfilmed documents, mark the copies
terminated and send or deliver to the secured parties and to the debtor the
copies marked terminated.]

Sec. 188. NRS
113.070 is hereby amended to read as follows:

113.0701. Except as otherwise
provided in subsection [3, in a county whose population is 400,000 or more,]4, a seller may not
sign a sales agreement with the initial purchaser of a residence unless the
seller, at least 24 hours before the time of the signing, provides the initial
purchaser with a disclosure document that contains:

(a) In a
county whose population is 400,000 or more:

(1) A
copy of the most recent gaming enterprise district map that has been made
available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the
residence is not located in a city or town, by the county in which the
residence is located; and

city or town in which the residence is located or, if the
residence is not located in a city or town, by the county in which the
residence is located; and

[(b)] (2) The location of the gaming enterprise
district that is nearest to the residence, regardless of the jurisdiction in
which the nearest gaming enterprise district is located[.

The seller shall
retain a copy of the disclosure document which has been signed by the initial
purchaser acknowledging the time and date of receipt by the initial purchaser
of the original document.] ;

(b) The
zoning classifications for the adjoining parcels of land;

(c) The
designations in the master plan regarding land use, adopted pursuant to chapter
278 of NRS, for the adjoining parcels of land; and

(d) A
statement with the following language:

Zoning classifications describe the land uses currently
permitted on a parcel of land. Designations in the master plan regarding land
use describe the land uses that the governing city or county proposes for a
parcel of land. Zoning classifications and designations in the master plan
regarding land use are established and defined by local ordinances. If the
zoning classification for a parcel of land is inconsistent with the designation
in the master plan regarding land use for the parcel, the possibility exists
that the zoning classification may be changed to be consistent with the
designation in the master plan regarding land use for the parcel. Additionally,
the local ordinances that establish and define the various zoning
classifications and designations in the master plan regarding land use are also
subject to change.

2. The information contained in the disclosure document
required by subsection 1 must:

(a) Be updated no less than once every [4] 6 months;

(b) In a
county whose population is 400,000 or more:

(1) Advise
the initial purchaser that gaming enterprise districts are subject to change;
and

(2) Provide
the initial purchaser with instructions on how to obtain more current
information regarding gaming enterprise districts;

(c) Advise
the initial purchaser that zoning classifications and designations in the
master plan regarding land use are subject to change; and

(d) Provide
the initial purchaser with instructions on how to obtain more current
information[.] regarding zoning classifications and
designations in the master plan regarding land use.

3. The
seller shall retain a copy of the disclosure document which has been signed by
the initial purchaser acknowledging the time and date of receipt by the initial
purchaser of the original document.

4. The
initial purchaser of a residence may waive the 24-hour period required by
subsection 1 if the seller provides the initial purchaser with the [information
required by subsections 1 and 2] required disclosure document and the initial
purchaser signs a written waiver. The seller shall retain a copy of the written
waiver which has been signed by the initial purchaser acknowledging
the time and date of receipt by the initial purchaser of the original document.

acknowledging the time and date of receipt by the initial
purchaser of the original document.

[4. Before the initial purchaser of a residence signs a sales
agreement, the seller shall, by separate written document, disclose to him the
zoning designations and the designations in the master plan regarding land use,
adopted pursuant to chapter 278 of NRS for the adjoining parcels of land. If
the]

5. If a
residence is located within a subdivision, the disclosure must be made
regarding all parcels of land adjoining the unit of the subdivision in which
the residence is located. If the residence is located on land divided by a
parcel map and not located within a subdivision, the disclosure must be made
regarding all parcels of land adjoining the parcel map. Such a disclosure must
be made regardless of whether the adjoining parcels are owned by the seller. [The
seller shall retain a copy of the disclosure document which has been signed by
the initial purchaser acknowledging the date of receipt by the initial
purchaser of the original document.

5. The
information contained in the disclosure document required by subsection 4 must:

(a) Be
updated no less than once every 6 months, if the information is available from
the local government;

(b) Advise
the initial purchaser that the master plan and zoning ordinances and
regulations adopted pursuant to the master plan are subject to change; and

(c) Provide
the initial purchaser with instructions on how to obtain more current
information.]

6. As used in
this section, seller means a person who sells or attempts to sell any land or
tract of land in this state which is divided or proposed to be divided over any
period into two or more lots, parcels, units or interests, including, but not
limited to, undivided interests, which are offered, known, designated or
advertised as a common unit by a common name or as a part of a common
promotional plan of advertising and sale.

Sec. 189. NRS
278.590 is hereby amended to read as follows:

278.5901. It is unlawful for
any person to contract to sell, to sell or to transfer any subdivision or any
part thereof, or land divided pursuant to a parcel map or map of division into
large parcels, [until the]unless:

(a) The required
map thereof, in full compliance with the appropriate provisions of NRS 278.010
to 278.630, inclusive, and any local ordinance, has been recorded in the office
of the recorder of [the]each county in which [any portion of]
the subdivision or land divided is located[.] ; or

(b) The
person is contractually obligated to record the required map, before title is
transferred or possession is delivered, whichever is earlier, as provided in
paragraph (a).

2. A person who violates the provisions of subsection 1
is guilty of a misdemeanor and is liable for a civil penalty of not more than
$300 for each lot or parcel sold or transferred.

3. This section
does not bar any legal, equitable or summary remedy to which any aggrieved
municipality or other political subdivision, or any person, may otherwise be
entitled, and any such municipality or other political subdivision or person
may file suit in the district court of the county in
which any property attempted to be divided or sold in violation of any
provision of NRS 278.010 to 278.630, inclusive, is located to restrain or
enjoin any attempted or proposed division or transfer in violation of those
sections.

in which any property
attempted to be divided or sold in violation of any provision of NRS 278.010 to
278.630, inclusive, is located to restrain or enjoin any attempted or proposed
division or transfer in violation of those sections.

Sec. 190. NRS
600.340 is hereby amended to read as follows:

600.3401. A person who has adopted and is using a mark in this
state may file in the office of the secretary of state, on a form to be
furnished by the secretary of state, an application for registration of that
mark setting forth, but not limited to, the following information:

(a)
Whether the mark to be registered is a trade-mark, trade name or service mark;

(b) A description of the mark by name, words displayed in
it, or other information;

(c) The name and business address of the person applying
for the registration and, if it is a corporation, limited-liability company,
limited partnership or registered limited-liability partnership, the state of
incorporation or organization;

(d) The specific goods or services in connection with
which the mark is used and the mode or manner in which the mark is used in
connection with those goods or services and the class as designated by the
secretary of state which includes those goods or services;

(e) The date when the mark was first used anywhere and
the date when it was first used in this state by the applicant or his
predecessor in business which must precede the filing of the application; and

(f) A statement that the applicant is the owner of the
mark and that no other person has the right to use the mark in this state
either in the form set forth in the application or in such near resemblance to
it as might deceive or cause mistake.

2. The application must:

(a) Be signed and verified by the applicant or by a
member of the firm or an officer of the corporation or association applying.

(b) Be accompanied by a specimen or facsimile of the mark
in [triplicate] duplicate and by a filing fee of $50 payable
to the secretary of state.

3. If the application fails to comply with this section
or NRS 600.343, the secretary of state shall return it for correction.

Sec. 362. Corporations
existing, or organized and existing, pursuant to NRS 82.010 to 82.690,
inclusive, [and 86.010 to 86.180, inclusive,] as
those statutes existed on September 30, 1991, and all predecessor acts,
continue to exist and are governed by sections 166 to 273, inclusive, of this
act until October 1, 1993, when their existence ceases unless preserved
pursuant to this section. At any time before October 1, 1993, any such
corporation existing, or organized
and existing, pursuant to NRS 86.010 to 86.180, inclusive, as those statutes
existed on September 30, 1991, may file articles with the
secretary of state conforming to the requirements of sections 166 to 273,
inclusive, of this act, or conforming to the requirements of chapter 84 of NRS,
and stating that the corporation elects to be governed by
sections 166 to 273, inclusive, of this act or by chapter 84 of NRS.

governed by
sections 166 to 273, inclusive, of this act or by chapter 84 of NRS. Upon the
filing of those articles with the secretary of state, the existence of any such
corporation continues and the corporation is thereafter governed by the
provisions of chapter 82 of NRS as added by this act or by the provisions of
chapters 82 and 84 of NRS as so added, as set forth in the articles which are
so filed.

Sec. 192. Section
1 of Senate Bill No. 121 of this session is hereby amended to read as follows:

Section 1.
Chapter 113 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as otherwise provided in subsection
3, in a county whose population is 400,000 or more, a seller may not sign a
sales agreement with the initial purchaser of a residence unless the seller, at
least 24 hours before the time of the signing, provides the initial purchaser
with a disclosure document that contains:

(a) A copy of the most recent gaming enterprise
district map that has been made available for public inspection pursuant to NRS
463.309 by the city or town in which the residence is located or, if the
residence is not located in a city or town, by the county in which the
residence is located; and

(b) The location of the gaming enterprise district that
is nearest to the residence, regardless of the jurisdiction in which the
nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document
that has been signed by the initial purchaser acknowledging the time and date
of receipt by the initial purchaser of the original document.

2. The information contained in the disclosure
document required by subsection 1 must:

(a) Be updated not less than once every 6 months;

(b) Advise the initial purchaser that gaming enterprise
districts are subject to change; and

(c) Provide the initial purchaser with instructions on
how to obtain more current information regarding gaming enterprise districts.

3. The initial purchaser of a
residence may waive the 24-hour period required by subsection 1 if the seller
provides the initial purchaser with the information required by subsections 1
and 2 and the initial purchaser signs a written waiver. The seller shall retain
a copy of the written waiver that has been signed by the initial purchaser
acknowledging the time and date of receipt by the initial purchaser of the
original document.

4. As used in this section, seller
has the meaning ascribed to it in NRS 113.070.

Sec. 193. Section
2 of Senate Bill No. 121 of this session is hereby amended to read as follows:

Sec. 2. NRS
113.070 is hereby amended to read as follows:

113.0701. [Except
as otherwise provided in subsection 3, in a county whose population is 400,000
or more, a seller may not sign a sales agreement with the initial purchaser of
a residence unless the seller, at least 24
hours before the time of the signing, provides the initial purchaser with a
disclosure document that contains:

seller, at least 24 hours before the time of the signing,
provides the initial purchaser with a disclosure document that contains:

(a) A copy of the most recent gaming enterprise district
map that has been made available for public inspection pursuant to NRS 463.309
by the city or town in which the residence is located or, if the residence is
not located in a city or town, by the county in which the residence is located;
and

(b) The location of the gaming enterprise district that
is nearest to the residence, regardless of the jurisdiction in which the
nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document
which has been signed by the initial purchaser acknowledging the time and date
of receipt by the initial purchaser of the original document.

2. The information contained in the disclosure document
required by subsection 1 must:

(a) Be updated no less than once every 4 months;

(b) Advise the initial purchaser that gaming enterprise
districts are subject to change; and

(c) Provide the initial purchaser with instructions on
how to obtain more current information.

3. The initial purchaser of a residence may waive the
24-hour period required by subsection 1 if the seller provides the initial
purchaser with the information required by subsections 1 and 2 and the initial
purchaser signs a written waiver. The seller shall retain a copy of the written
waiver which has been signed by the initial purchaser acknowledging the time
and date of receipt by the initial purchaser of the original document.

4.] Before the initial purchaser of a residence
signs a sales agreement[,] or opens escrow, whichever occurs
earlier, the seller shall, by separate written document, disclose
to [him] the initial purchaser the zoning [designations] classifications and the
designations in the master plan regarding land use[,]
adopted pursuant to chapter 278 of NRS , and the general land uses described therein, for
the adjoining parcels of land. The
written document must contain a statement with the following language:

Zoning classifications describe the land uses currently
permitted on a parcel of land. Designations in the master plan regarding land
use describe the land uses that the governing city or county proposes for a
parcel of land. Zoning classifications and designations in the master plan
regarding land use are established and defined by local ordinances. If the
zoning classification for a parcel of land is inconsistent with the designation
in the master plan regarding land use for the parcel, the possibility exists
that the zoning classification may be changed to be consistent with the
designation in the master plan regarding land use for the parcel. Additionally,
the local ordinances that establish and define the various zoning classifications and designations in the master plan regarding
land use are also subject to change.

classifications and designations in the master plan
regarding land use are also subject to change.

2. If the residence is located within a
subdivision, the disclosure made
pursuant to subsection 1 must be made regarding all parcels of
land adjoining the unit of the subdivision in which the residence is located.
If the residence is located on land divided by a parcel map and not located
within a subdivision, the disclosure must be made regarding all parcels of land
adjoining the parcel map. Such a disclosure must be made regardless of whether
the adjoining parcels are owned by the seller. The seller shall retain a copy
of the disclosure document which has been signed by the initial purchaser
acknowledging the date of receipt by the initial purchaser of the original
document.

(a) Be updated [no] not less than once every
6 months, if the information is available from the local government;

(b) Advise the initial purchaser that the master plan is for the
general, comprehensive and long-term development of land in the area and that
the designations in the master plan regarding land use provide the most
probable indication of future development which may occur on the surrounding
properties;

(c) Advise the initial purchaser that the
master plan and zoning ordinances and regulations adopted pursuant to the
master plan are subject to change; and

[(c)] (d) Provide the initial
purchaser with instructions on how to obtain more current information[.

6.] regarding zoning classifications and designations in the master
plan regarding land use.

4. As used in this
section, seller means a person who sells or attempts to sell any land or
tract of land in this state which is divided or proposed to be divided over any
period into two or more lots, parcels, units or interests, including, but not
limited to, undivided interests, which are offered, known, designated or
advertised as a common unit by a common name or as a part of a common
promotional plan of advertising and sale.

2. The
amendatory provisions of section 188 of this act expire by limitation on
November 30, 1999.

________

κ1999
Statutes of Nevada, Page 1640κ

CHAPTER 358, SB 97

Senate Bill No.
97Senator Wiener

CHAPTER 358

AN ACT relating to the commission on mental health and
developmental services; revising the composition of the commission to include a
marriage and family therapist; and providing other matters properly relating
thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 232.303 is hereby amended to read as follows:

232.3031. There is hereby
created in the department a commission on mental health and developmental
services consisting of [seven]eight members appointed by the governor, at
least three of whom have training or experience in dealing with mental
retardation.

2. The governor shall appoint:

(a) A psychiatrist licensed to practice medicine in this
state, from a list of three candidates submitted by the Nevada Psychiatric
Association;

(b) A psychologist licensed to practice in this state and
experienced in clinical practice, from a list of four candidates , two of whom are
submitted by the Northern Nevada Association for Certified Psychologists and
two of whom are submitted by the Southern Society for Certified Psychologists;

(c) A physician, other than a psychiatrist, licensed to
practice medicine in this state and who has experience in dealing with mental
retardation, from a list of three candidates submitted by the Nevada State
Medical Association;

(d) A social worker who has a masters degree and has
experience in dealing with mental illness or mental retardation, or both;

(e) A registered nurse licensed to practice in this state
who has experience in dealing with mental illness or mental retardation, or
both, from a list of three candidates submitted by the Nevada Nurses
Association;

(f) A
marriage and family therapist licensed to practice in this state, from a list
of three candidates submitted by the Nevada Association for Marriage and Family
Therapy;

(g) A
representative of the general public who has a special interest in the field of
mental health; and

[(g)] (h) A representative of the general public
who has a special interest in the field of mental retardation.

3. The governor shall appoint the chairman of the
commission from among its members.

4. After the
initial terms, each member shall serve a term of 4 years. If a vacancy occurs
during a members term, the governor shall appoint a person qualified under
this section to replace that member for the remainder of the unexpired term.

________

κ1999
Statutes of Nevada, Page 1641κ

CHAPTER 359, SB 117

Senate Bill No. 117Senator Wiener

CHAPTER 359

AN ACT relating to older persons; authorizing the
chairman of the Nevada commission on aging to appoint former members of the
commission and other interested persons to serve in an advisory capacity to the
commission; providing for the payment of a per diem allowance and travel
expenses to such persons; and providing other matters properly relating
thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 427A.034 is hereby amended to read as follows:

427A.0341. The commission may
meet at least once each calendar quarter and at other times on the call of the
chairman or a majority of its members.

2. A majority of the voting members of the commission
constitutes a quorum for the transaction of all business.

3. The commission shall adopt regulations for its own
government.

4. The chairman may appoint subcommittees and advisory committees composed of
the members of the commission ,
former members of the commission and members of the general public who have
experience with or knowledge of matters relating to older persons to
consider specific problems or
other matters that are related to and within the scope of the
functions of the commission. A
subcommittee or advisory committee appointed pursuant to this subsection must
not contain more than five members. To the extent practicable, the members of
such a subcommittee or advisory committee must be representative of the various
geographic areas and ethnic groups of this state.

Sec. 2. NRS
427A.036 is hereby amended to read as follows:

427A.0361. Each voting member
of the commission is entitled to receive a salary of not more than $80 per day,
as fixed by the commission, while engaged in the business of the commission.

2. While engaged in the business of the commission, each
member of the commission appointed pursuant to subsection 2 or paragraph (a),
(b) or (d) of subsection 3 of NRS 427A.032 , each former member of the commission and each member of
the general public appointed to serve on a subcommittee or advisory committee
of the commission pursuant to subsection 4 of NRS 427A.034, and
each employee of the commission is entitled to receive the per diem allowance
and travel expenses provided for state officers and employees generally.

3. The commission may expend in accordance with law all
money made available for its use.

4. Except during a regular or special session of the
legislature, each legislative member of the commission is entitled to receive
the compensation provided for a majority of the members of the legislature
during the first 60 days of the preceding regular session for each day or
portion of a day during which he attends a meeting of the commission or is
otherwise engaged in the business of the commission, plus the per diem
allowance and travel expenses provided for state officers
and employees generally.

provided for state officers and employees generally. The
salaries and expenses of the legislative members of the commission must be paid
from the legislative fund.

________

CHAPTER 360, SB 131

Senate Bill No.
131Committee on Commerce and Labor

CHAPTER 360

AN ACT relating to local governments; requiring certain
cities and counties to establish requirements for the maintenance of records by
certain resellers of paging services; and providing other matters properly
relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 244 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. The board of county commissioners of
a county whose population is 400,000 or more shall enact an ordinance requiring
a person other than a public utility who:

(a) Purchases paging services from a public utility; and

(b) Resells those paging services to another person for
use primarily in the unincorporated area of the county,

to maintain such records of the names and addresses of the
persons to whom the paging services are resold as the board deems necessary.

2. The ordinance must include:

(a) The information that must be
included in the records required to be maintained; and

(b) The length of time that the records
must be maintained.

3. As used in this section, public
utility means:

(a) A public utility as defined in NRS 704.020; and

(b) A provider of a commercial mobile service as defined
in 47 U.S.C. § 332.

Sec. 2. Chapter
268 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The governing body of each city in a
county whose population is 400,000 or more shall enact an ordinance requiring a
person other than a public utility who:

(a) Purchases paging services from a public utility; and

(b) Resells those paging services to another person for
use primarily in the incorporated area of the city,

to maintain such records of the names and addresses of the
persons to whom the paging services are resold as the governing body deems
necessary.

2. The ordinance must include:

(a) The information that must be included in the records
required to be maintained; and

(b) A provider of a commercial mobile service as
defined in 47 U.S.C. § 332.

________

CHAPTER 361, SB 139

Senate Bill No.
139Committee on Government Affairs

CHAPTER 361

AN ACT relating to state property; authorizing the
chief of the purchasing division of the department of administration to
transfer, upon request, any surplus supplies, materials or equipment of a state
agency to another state agency without cost to the requesting state agency;
authorizing the chief of the purchasing division to sell surplus supplies,
materials or equipment of state agencies under certain circumstances; extending
the authority of a board of county commissioners to make charitable grants to
include certain property; authorizing the governing body of a city to make
charitable grants of money or certain property to certain nonprofit
organizations; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
333 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The chief may donate commodities, supplies,
materials and equipment that he determines have reached the end of their useful
lives to any organization described in NRS 372.3261.

2. If the chief donates such commodities to a
tax-supported or nonprofit school or other health or educational institution
pursuant to subsection 1, the provisions of subsection 2 of NRS 333.124 do not
apply.

Sec. 2. NRS
333.124 is hereby amended to read as follows:

333.1241. The donated commodities account is hereby created in
the state general fund for the use of the chief in acquiring commodities
donated by the Federal Government and its agencies and to purchase and
distribute nutritious food in accordance with NRS 333.225.

2. [If]Except as otherwise provided in section 1 of this act, if
a tax-supported or nonprofit school or other health or educational institution
receives a donated commodity secured through the purchasing division, the chief
shall charge the school or institution a fee in an amount sufficient to repay
part or all of the cost of transportation and other costs incurred in acquiring
the commodity.

3. All money received by the chief pursuant to this
section must be deposited in the state treasury for credit to the donated
commodities account. The interest and income earned on the money in the account
must be credited to the account.

4. Costs of
freight, storage, handling charges and other administrative expenses, including
compensation of purchasing division personnel, incidental to the acquisition of
the donated commodities and the administration of the
supplemental food program may be paid from the donated commodities account.

administration of the
supplemental food program may be paid from the donated commodities account.

Sec. 3. NRS
334.040 is hereby amended to read as follows:

334.0401. The [products
or any articleof any state institution not required for
its own consumption or use may be sold by the official in charge of such
institution at its reasonable market value, and the proceeds of such sale shall
be deposited in the fund or appropriation for the support of such institution
and not in the general fund.

2. If any
state institution disposes of any of its products or any article not required
by it to any other state institution, the state institution selling the same
shall present a claim for the agreed sale price against the institution
purchasing the same, which shall be certified by the proper officer of the
purchasing institution. After approval by the state board of examiners, the
state controller shall draw his warrant in favor of the fund or appropriation
for the support of the selling institution, and the official in charge of the
selling institution is authorized to receipt for the warrant. Upon its
presentation the state treasurer shall transfer the amount of the warrant to
such fund or appropriation and not to the general fund.] chief of the purchasing division of the
department of administration may, upon the request of a state agency, transfer
any surplus supplies, materials or equipment of another state agency to the
requesting state agency without cost to the requesting state agency.

2. The
chief of the purchasing division may sell any surplus supplies, materials or
equipment which is not transferred to a state agency pursuant to the provisions
of subsection 1. Unless otherwise authorized by the director of the department
of administration, the proceeds of the sale must be deposited in the fund from
which the money to purchase the supplies, materials or equipment was expended.

Sec. 4. NRS
244.1505 is hereby amended to read as follows:

244.15051. A board of county
commissioners may expend money for any purpose which will provide a substantial
benefit to the inhabitants of the county. The board may grant all or part of
the money to a [private organization, not for profit,] nonprofit organization created for
religious, charitable or educational purposes to be expended for
the selected purpose.

2. A board
of county commissioners or its authorized representative may donate:

(a) Commodities,
supplies, materials and equipment that the board determines to have reached the
end of their useful lives; and

(b) Stolen
or embezzled property for which the county treasurer has obtained an order
authorizing him to donate the property pursuant to subsection 6 of NRS 179.165,

to a nonprofit
organization created for religious, charitable or educational purposes.

3. A
grant or donation to
a [private]nonprofit organization created for religious, charitable or educational purposes
must be made by resolution .[which] The resolution must specify:

(b) If
applicable, the maximum amount to be expended from the grant; and

(c) Any conditions or other limitations upon [its
expenditure.]
the expenditure of the grant or the use of the donated property.

4. As used
in this section:

(a) Authorized
representative has the meaning ascribed to it in NRS 332.025.

(b) Nonprofit
organization created for religious, charitable or educational purposes means
an organization that meets the requirements set forth in NRS 372.3261.

Sec. 5. Chapter
268 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The governing body of a city may
expend money for any purpose that will provide a substantial benefit to the
inhabitants of the city. The governing body may grant all or part of the money
to a nonprofit organization created for religious, charitable or educational
purposes to be expended for a selected purpose.

2. The governing body of a city or its authorized
representative may donate commodities, supplies, materials and equipment that
the governing body determines have reached the end of their useful lives to a
nonprofit organization created for religious, charitable or educational
purposes.

3. A grant or donation to a nonprofit organization
created for religious, charitable or educational purposes must be made by
resolution. The resolution must specify:

(a) The purpose of the grant or donation;

(b) If applicable, the maximum amount to be expended
from the grant; and

(c) Any conditions or other limitations on the
expenditure of the grant or the use of the donated property.

4. As used in this section:

(a) Authorized representative has the meaning ascribed
to it in NRS 332.025.

(b) Nonprofit organization created for religious,
charitable or educational purposes means an organization that meets the
requirements set forth in NRS 372.3261.

Sec. 6. This
act becomes effective upon passage and approval.

________

κ1999
Statutes of Nevada, Page 1646κ

CHAPTER 362, SB 145

Senate Bill No. 145Senators
OConnell and Townsend

CHAPTER 362

AN ACT relating to insurance; requiring an
administrator to pay claims relating to health insurance coverage in a certain
manner; limiting the amount that a health insurer may charge providers of
health care to be included on a list of providers that is given to insureds of
the insurer; making various changes concerning payment of claims by health
insurers; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 683A of NRS is hereby amended by adding thereto a new section to
read as follows:

1. Except as otherwise provided in
subsection 2, an administrator shall approve or deny a claim relating to health
insurance coverage within 30 days after the administrator receives the claim.
If the claim is approved, the administrator shall pay the claim within 30 days
after it is approved. If the approved claim is not paid within that period, the
administrator shall pay interest on the claim at the rate of interest
established pursuant to NRS 99.040 unless a different rate of interest is
established pursuant to an express written contract between the administrator
and the provider of health care. The interest must be calculated from 30 days
after the date on which the claim is approved until the claim is paid.

2. If the administrator requires
additional information to determine whether to approve or deny the claim, he
shall notify the claimant of his request for the additional information within
20 days after he receives the claim. The administrator shall notify the
provider of health care of all the specific reasons for the delay in approving
or denying the claim. The administrator shall approve or deny the claim within
30 days after receiving the additional information. If the claim is approved,
the administrator shall pay the claim within 30 days after he receives the
additional information. If the approved claim is not paid within that period,
the administrator shall pay interest on the claim in the manner prescribed in
subsection 1.

3. An administrator shall not request a
claimant to resubmit information that the claimant has already provided to the
administrator, unless the administrator provides a legitimate reason for the
request and the purpose of the request is not to delay the payment of the
claim, harass the claimant or discourage the filing of claims.

4. An administrator shall not pay only part of a claim
that has been approved and is fully payable.

5. A court shall award costs and
reasonable attorneys fees to the prevailing party in an action brought
pursuant to this section.

Sec. 2. NRS
683A.086 is hereby amended to read as follows:

683A.0861. No person may act
as an administrator unless he has entered into a written agreement with an
insurer, and the written agreement contains provisions to effectuate the
requirements contained in NRS 683A.0867 to 683A.0883,
inclusive, and section 1 of this act which apply to the duties of the
administrator.

683A.0867 to 683A.0883, inclusive, and section 1 of this act which apply to the
duties of the administrator.

2. A copy of an agreement entered into under the
provisions of this section must be retained in the records of the administrator
and of the insurer for a period of 5 years after the termination of the
agreement.

3. When a policy is issued to a trustee or trustees, a
copy of the trust agreement and amendments must be obtained by the
administrator and a copy forwarded to the insurer. Each agreement must be
retained by the administrator and by the insurer for a period of 5 years after
the termination of the policy.

4. The
commissioner may adopt regulations which specify the functions an administrator
may perform on behalf of an insurer.

Sec. 3. Chapter
689A of NRS is hereby amended by adding thereto a new section to read as
follows:

An insurer may charge a provider of
health care a fee to include the name of the provider on a list of providers of
health care given by the insurer to its insureds. The amount of the fee must be
reasonable and must not exceed an amount that is directly related to the
administrative costs of the insurer to include the provider on the list.

Sec. 4. NRS
689A.410 is hereby amended to read as follows:

689A.4101. Except as
otherwise provided in subsection 2, an insurer shall approve or deny a claim
relating to a policy of health insurance within 30 days after the insurer
receives the claim. If the claim is approved, the insurer shall pay the claim
within 30 days after it is approved. If the approved claim is not paid within
that period, the insurer shall pay interest on the claim at the rate of
interest established pursuant to NRS 99.040[.] unless a different rate of interest is
established pursuant to an express written contract between the insurer and the
provider of health care. The interest must be calculated from 30 days after the date [the
payment is due] on which the claim is approved until the claim is paid.

2. If the insurer requires additional information to
determine whether to approve or deny the claim, it shall notify the claimant of
its request for the additional information within 20 days after it receives the
claim. The insurer shall notify the provider of health care of all the [reason] specific reasons for the
delay in approving or denying the claim. The insurer shall approve or deny the
claim within 30 days after receiving the additional information. If the claim
is approved, the insurer shall pay the claim within 30 days after it receives
the additional information. If the approved claim is not paid within that
period, the insurer shall pay interest on the claim in the manner prescribed in
subsection 1.

3. An
insurer shall not request a claimant to resubmit information that the claimant
has already provided to the insurer, unless the insurer provides a legitimate
reason for the request and the purpose of the request is not to delay the
payment of the claim, harass the claimant or discourage the filing of claims.

4. An
insurer shall not pay only part of a claim that has been approved and is fully
payable.

5. A court
shall award costs and reasonable attorneys fees to the prevailing party in an
action brought pursuant to this section.

Sec. 5. Chapter
689B of NRS is hereby amended by adding thereto a new section to read as
follows:

An insurer that issues a policy of group
health insurance may charge a provider of health care a fee to include the name
of the provider on a list of providers of health care given by the insurer to
its insureds. The amount of the fee must be reasonable and must not exceed an
amount that is directly related to the administrative costs of the insurer to
include the provider on the list.

Sec. 6. NRS
689B.255 is hereby amended to read as follows:

689B.2551. Except as
otherwise provided in subsection 2, an insurer shall approve or deny a claim
relating to a policy of group health insurance or blanket insurance within 30
days after the insurer receives the claim. If the claim is approved, the
insurer shall pay the claim within 30 days after it is approved. If the
approved claim is not paid within that period, the insurer shall pay interest
on the claim at the rate of interest established pursuant to NRS 99.040[.] unless a different rate of interest is
established pursuant to an express written contract between the insurer and the
provider of health care. The interest must be calculated from 30 days after the date [the
payment is due] on which the claim is approved until the claim is paid.

2. If the insurer requires additional information to
determine whether to approve or deny the claim, it shall notify the claimant of
its request for the additional information within 20 days after it receives the
claim. The insurer shall notify the provider of health care of all the [reason] specific reasons for the
delay in approving or denying the claim. The insurer shall approve or deny the
claim within 30 days after receiving the additional information. If the claim
is approved, the insurer shall pay the claim within 30 days after it receives
the additional information. If the approved claim is not paid within that
period, the insurer shall pay interest on the claim in the manner prescribed in
subsection 1.

3. An
insurer shall not request a claimant to resubmit information that the claimant
has already provided to the insurer, unless the insurer provides a legitimate
reason for the request and the purpose of the request in not to delay the
payment of the claim, harass the claimant or discourage the filing of claims.

4. An
insurer shall not pay only part of a claim that has been approved and is fully
payable.

5. A court
shall award costs and reasonable attorneys fees to the prevailing party in an
action brought pursuant to this section.

Sec. 7. Chapter
689C of NRS is hereby amended by adding thereto the provisions set forth as
sections 8 and 9 of this act.

Sec. 8. A carrier serving small employers and a
carrier that offers a contract to a voluntary purchasing group may charge a
provider of health care a fee to include the name of the provider on a list of
providers of health care given by the carrier to its insureds. The amount of
the fee must be reasonable and must not exceed an amount that is directly
related to the administrative costs of the carrier to include the provider on
the list.

Sec. 9. 1. Except as otherwise provided in subsection 2, a carrier
serving small employers and a carrier that offers a contract to a voluntary
purchasing group shall approve or deny a claim relating to a policy of health insurance within 30 days after the carrier receives the
claim.

health insurance
within 30 days after the carrier receives the claim. If the claim is approved,
the carrier shall pay the claim within 30 days after it is approved. If the
approved claim is not paid within that period, the carrier shall pay interest
on the claim at the rate of interest established pursuant to NRS 99.040 unless
a different rate of interest is established pursuant to an express written
contract between the carrier and the provider of health care. The interest must
be calculated from 30 days after the date on which the claim is approved until
the claim is paid.

2. If the
carrier requires additional information to determine whether to approve or deny
the claim, it shall notify the claimant of its request for the additional
information within 20 days after it receives the claim. The carrier shall
notify the provider of health care of all the specific reasons for the delay in
approving or denying the claim. The carrier shall approve or deny the claim
within 30 days after receiving the additional information. If the claim is
approved, the carrier shall pay the claim within 30 days after it receives the
additional information. If the approved claim is not paid within that period,
the carrier shall pay interest on the claim in the manner prescribed in
subsection 1.

3. A
carrier shall not request a claimant to resubmit information that the claimant
has already provided to the carrier, unless the carrier provides a legitimate
reason for the request and the purpose of the request is not to delay the
payment of the claim, harass the claimant or discourage the filing of claims.

4. A
carrier shall not pay only part of a claim that has been approved and is fully
payable.

5. A court
shall award costs and reasonable attorneys fees to the prevailing party in an
action brought pursuant to this section.

Sec. 10. Chapter
695A of NRS is hereby amended by adding thereto a new section to read as
follows:

A society may charge a provider of
health care a fee to include the name of the provider on a list of providers of
health care given by the society to its insureds. The amount of the fee must be
reasonable and must not exceed an amount that is directly related to the
administrative costs of the society to include the provider on the list.

Sec. 11. NRS
695A.188 is hereby amended to read as follows:

695A.1881. Except as
otherwise provided in subsection 2, a society shall approve or deny a claim
relating to a certificate of health insurance within 30 days after the society
receives the claim. If the claim is approved, the society shall pay the claim
within 30 days after it is approved. If the approved claim is not paid within
that period, the society shall pay interest on the claim at the rate of
interest established pursuant to NRS 99.040[.] unless a different rate of interest is
established pursuant to an express written contract between the society and the
provider of health care. The interest must be calculated from 30 days after the date [the
payment is due] on which the claim is approved until the claim is paid.

2. If the society requires additional information to
determine whether to approve or deny the claim, it shall notify the claimant of
its request for the additional information within 20 days after it receives the
claim. The society shall notify the provider of health care of all the [reason] specific reasons for the delay in approving or denying the claim.

the delay in approving or denying the claim. The society
shall approve or deny the claim within 30 days after receiving the additional
information. If the claim is approved, the society shall pay the claim within
30 days after it receives the additional information. If the approved claim is
not paid within that period, the society shall pay interest on the claim in the
manner prescribed in subsection 1.

3. A
society shall not request a claimant to resubmit information that the claimant
has already provided to the society, unless the society provides a legitimate
reason for the request and the purpose of the request is not to delay the
payment of the claim, harass the claimant or discourage the filing of claims.

4. A
society shall not pay only part of a claim that has been approved and is fully
payable.

5. A court
shall award costs and reasonable attorneys fees to the prevailing party in an
action brought pursuant to this section.

Sec. 12. Chapter
695B of NRS is hereby amended by adding thereto a new section to read as
follows:

A corporation subject to the provisions of this chapter
may charge a provider of health care a fee to include the name of the provider
on a list of providers of health care given by the corporation to its insureds.
The amount of the fee must be reasonable and must not exceed an amount that is
directly related to the administrative costs of the corporation to include the
provider on the list.

Sec. 13. NRS
695B.2505 is hereby amended to read as follows:

695B.25051. Except as
otherwise provided in subsection 2, a corporation subject to the provisions of
this chapter shall approve or deny a claim relating to a contract for dental,
hospital or medical services within 30 days after the corporation receives the
claim. If the claim is approved, the corporation shall pay the claim within 30
days after it is approved. If the approved claim is not paid within that
period, the corporation shall pay interest on the claim at the rate of interest
established pursuant to NRS 99.040[.] unless a different rate of interest is established pursuant
to an express written contract between the corporation and the provider of
health care. The interest must be calculated from 30 days after the date [the
payment is due] on which the claim is approved until the claim is paid.

2. If the corporation requires additional information to
determine whether to approve or deny the claim, it shall notify the claimant of
its request for the additional information within 20 days after it receives the
claim. The corporation shall notify the provider of dental, hospital or medical
services of all the [reason] specific reasons for the
delay in approving or denying the claim. The corporation shall approve or deny
the claim within 30 days after receiving the additional information. If the
claim is approved, the corporation shall pay the claim within 30 days after it
receives the additional information. If the approved claim is not paid within
that period, the corporation shall pay interest on the claim in the manner
prescribed in subsection 1.

3. A
corporation shall not request a claimant to resubmit information that the
claimant has already provided to the corporation, unless the corporation
provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass
the claimant or discourage the filing of claims.

the request is
not to delay the payment of the claim, harass the claimant or discourage the
filing of claims.

4. A
corporation shall not pay only part of a claim that has been approved and is
fully payable.

5. A court
shall award costs and reasonable attorneys fees to the prevailing party in an
action brought pursuant to this section.

Sec. 14. Chapter
695C of NRS is hereby amended by adding thereto a new section to read as
follows:

A health maintenance organization may charge a provider
of health care a fee to include the name of the provider on a list of providers
of health care given by the health maintenance organization to its enrollees.
The amount of the fee must be reasonable and must not exceed an amount that is
directly related to the administrative costs of the health maintenance
organization to include the provider on the list.

Sec. 15. NRS
695C.185 is hereby amended to read as follows:

695C.1851. Except as
otherwise provided in subsection 2, a health maintenance organization shall
approve or deny a claim relating to a health care plan within 30 days after the
health maintenance organization receives the claim. If the claim is approved,
the health maintenance organization shall pay the claim within 30 days after it
is approved. If the approved claim is not paid within that period, the health
maintenance organization shall pay interest on the claim at the rate of
interest established pursuant to NRS 99.040[.] unless a different rate of interest is
established pursuant to an express written contract between the health maintenance
organization and the provider of health care. The interest must
be calculated from 30 days after
the date [the payment is due] on which the claim is approved until the
claim is paid.

2. If the health maintenance organization requires
additional information to determine whether to approve or deny the claim, it
shall notify the claimant of its request for the additional information within
20 days after it receives the claim. The health maintenance organization shall
notify the provider of health care services of all the [reason] specific reasons for the
delay in approving or denying the claim. The health maintenance organization
shall approve or deny the claim within 30 days after receiving the additional
information. If the claim is approved, the health maintenance organization
shall pay the claim within 30 days after it receives the additional
information. If the approved claim is not paid within that period, the health
maintenance organization shall pay interest on the claim in the manner prescribed
in subsection 1.

3. A health
maintenance organization shall not request a claimant to resubmit information
that the claimant has already provided to the health maintenance organization,
unless the health maintenance organization provides a legitimate reason for the
request and the purpose of the request is not to delay the payment of the
claim, harass the claimant or discourage the filing of claims.

4. A health
maintenance organization shall not pay only part of a claim that has been
approved and is fully payable.

5. A court
shall award costs and reasonable attorneys fees to the prevailing party in an
action brought pursuant to this section.

8. To the extent applicable,
the provisions of NRS 689B.340 to 689B.600, inclusive, and chapter 689C of NRS
relating to the portability and availability of health insurance.

9. NRS 689A.410, 689A.413[.] and section 3 of this act.

10. NRS 680B.025 to 680B.039,
inclusive, concerning premium tax, premium tax rate, annual report and
estimated quarterly tax payments. For the purposes of this subsection, unless
the context otherwise requires that a section apply only to insurers, any
reference in those sections to insurer must be replaced by a reference to
prepaid limited health service organization.

11. Chapter 692C
of NRS, concerning holding companies.

________

CHAPTER 363, SB 168

Senate Bill No.
168Senator Schneider

Joint Sponsor:
Assemblywoman Buckley

CHAPTER 363

AN ACT relating to highways; clarifying the authority
of the department of transportation to include in a contract made or awarded
for the construction, improvement, maintenance or repair of a highway or
appurtenance to a highway a provision for the payment of an additional amount
of money if the construction, improvement, maintenance or repair is completed
before a certain date; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 408 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. Any contract made or awarded by the department for
the construction, improvement, maintenance or repair of a highway or an
appurtenance to that highway may include a provision for the payment of an
additional amount of money to the person with whom the contract is made or to
whom it is awarded if he satisfactorily completes the construction,
improvement, maintenance or repair of the highway or appurtenance before the date for completion of that
construction, improvement, maintenance or repair set forth in the contract.

AN ACT relating to professional occupations; requiring
the board of dental examiners of Nevada to issue a limited license to practice
dentistry or dental hygiene to certain persons employed by the University and
Community College System of Nevada; revising provisions relating to restricted
licenses to practice dentistry; revising the fees that must be charged by the
board; expanding the disciplinary powers of the board; and providing other
matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 631 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. The board shall, without a clinical demonstration
required by NRS 631.240 or a practical examination required by NRS 631.300,
issue a limited license to practice dentistry or dental hygiene to a person
who:

(a) Has a license to practice dentistry or dental
hygiene issued pursuant to the laws of another state or the District of
Columbia;

(b) Is otherwise qualified for a license to practice
dentistry or dental hygiene in this state;

(c) Pays the required application fee; and

(d) Has entered into a contract with the University and
Community College System of Nevada to provide services full time as a dental
intern, dental resident or instructor of dentistry or dental hygiene at an
educational or outpatient clinic, hospital or other facility of the University
and Community College System of Nevada. As used in this paragraph, full time
means providing such services at least 8 hours per day, 4 days per week, during
an academic year.

2. The board shall not issue a limited license to a
person:

(a) Whose license to practice dentistry
or dental hygiene has been revoked or suspended; or

(b) Who has been refused a license or is
involved in a disciplinary action concerning his license to practice dentistry
or dental hygiene,

in this state, another state or territory of the United
States or the District of Columbia.

3. A person to whom a limited license
is issued pursuant to subsection 1:

(1) At the educational or outpatient clinic,
hospital or other facility where he is employed; and

(2) In accordance with the contract required by
paragraph (d) of subsection 1; and

(b) Shall not, for the duration of the limited license,
engage in the private practice of dentistry or dental hygiene in this state or
accept compensation for the practice of dentistry or dental hygiene except such
compensation as may be paid to him by the University and Community College
System of Nevada for services provided as a dental intern, dental resident or
instructor of dentistry or dental hygiene.

4. A limited license expires 1 year after its date of
issuance and may be renewed on or before the date of its expiration. The holder
of a limited license may, upon compliance with the requirements set forth in
subsection 2 of NRS 631.330 and the completion of a review conducted at the
discretion of the board, be granted a renewal certificate that authorizes the
continuation of practice pursuant to the limited license for 1 year.

5. Within 7 days after the termination of his contract
required by paragraph (d) of subsection 1, the holder of a limited license
shall notify the board of the termination, in writing, and surrender the
limited license to the board.

6. The board may revoke a limited license at any time
upon proof satisfactory to the board that the holder of the license violated
any provision of this chapter or the regulations of the board.

Sec. 2. NRS
631.240 is hereby amended to read as follows:

631.2401. Any person desiring
to obtain a license to practice dentistry in this state, after having complied
with the regulations of the board to determine eligibility, must:

(a) Present to the board a certificate granted by the
National Board of Dental Examiners which contains a notation that he has passed
the boards examination with an average score of at least 75; and

(b) Be examined by the board on his practical knowledge
of dentistry.

2. The board shall examine each applicant in writing on
the contents and interpretation of chapter 631 of NRS and the regulations of
the board.

3. [The] Except as otherwise provided in section 1 of this act, the
examination required by paragraph
(b) of subsection 1 must include clinical demonstrations of the
applicants skill in dentistry.

4. All persons who present the appropriate certificate
and successfully complete the examination must be registered as licensed
dentists on the board register, as provided in this chapter, and are entitled
to receive a certificate of registration, signed by the member of the board who
is a representative of the general public and those members of the board who
are dentists.

Sec. 3. NRS
631.275 is hereby amended to read as follows:

631.2751. Except as otherwise
provided in subsection 2, the board shall, without examination, issue a
restricted license to practice dentistry to a person who:

(a) Has a valid license to practice dentistry issued
pursuant to the laws of another state or the District of Columbia;

(b) Has received a degree from a dental school or college
accredited by the American Dental Association Commission on Dental
Accreditation, or its successor organization; and

(c) [Has at least 5 years of clinical experience obtained after
receiving such a degree; and

(d)]
Has entered into a contract with a facility approved by the health division of
the department of human resources to provide publicly funded dental services
exclusively to persons of low income for the duration of the restricted
license.

2. The board shall not issue a restricted license to a
person:

(a) Who has failed to pass the examination of the board;

(b) Who has been refused a license in this state, another
state or territory of the United States or the District of Columbia; or

(c) Whose license to practice dentistry has been revoked
in this state, another state or territory of the United States or the District
of Columbia.

3. A person to whom a restricted license is issued
pursuant to subsection 1:

(a) May perform dental services only:

(1) Under the supervision of a dentist who is
licensed to practice dentistry in this state and appointed by the health
division of the department of
human resources to supervise dental care that is provided in a
facility which has entered into a contract with the person to whom a restricted
license is issued and which is approved by the health division of the department;
and

(2) In accordance with the contract required
pursuant to paragraph [(d)] (c) of that subsection.

(b) Shall not, for the duration of the restricted
license, engage in the private practice of dentistry, which includes, without
limitation, providing dental services to a person who pays for the services.

4. A person who receives a restricted license must pass
the examination of the board within [1 year] 3 years after receiving
his restricted license. If the person fails to pass that examination, the board
shall revoke the restricted license.

5. The board may revoke a restricted license at any
time.

Sec. 4. NRS
631.300 is hereby amended to read as follows:

631.3001. Any person desiring
to obtain a license to practice dental hygiene, after having complied with the
regulations of the board to determine eligibility, must be examined by the
board upon such subjects as the board deems necessary, and , except as otherwise provided in section 1 of this act, be
given a practical examination in dental hygiene, including, but not limited to,
the removal of deposits from, and the polishing of, the exposed surface of the
teeth.

2. The examination must be:

(a) Written, oral or a combination of both; and

(b) Practical, as in the opinion of the board is
necessary to test the qualifications of the applicant.

3. The board shall examine each applicant in writing on
the contents and interpretation of chapter 631 of NRS and the regulations of
the board.

4. In lieu of the written examination which may be
required by subsection 2, the board shall recognize a certificate from the
National Board of Dental Examiners which contains a notation that the applicant
has passed the examination of the board with a score of at least 75.

Sec. 5. NRS
631.310 is hereby amended to read as follows:

631.3101. [The] Except as otherwise provided in section
1 of this act, the holder of a license or renewal certificate to
practice dental hygiene may practice dental hygiene in this state in the
following places:

(a) In the office of any licensed dentist.

(b) In a clinic or in clinics in the public schools of
this state as an employee of the health division of the department of human
resources.

(c) In a clinic or in clinics in a state institution as
an employee of the institution.

(d) In a clinic established by a hospital approved by the
board as an employee of the hospital where service is rendered only to patients
of the hospital, and upon the authorization of a member of the dental staff.

(e) In an accredited school of dental hygiene.

(f) In other places if specified in a regulation adopted
by the board.

2. A dental hygienist may perform only the services
which are authorized by a dentist licensed in the State of Nevada, unless
otherwise provided in a regulation adopted by the board.

3. Except as otherwise specifically authorized by a
regulation adopted by the board, a dental hygienist shall not provide services
to a person unless that person is a patient of the dentist who authorized the
performance of those services.

Sec. 6. NRS
631.330 is hereby amended to read as follows:

631.3301. Licenses must be
renewed annually.

2. Except
as otherwise provided in section 1 of this act:

(a) Each
holder of a license to practice dentistry or dental hygiene must, upon:

[(a)](1) Submission of the statement required
pursuant to NRS 631.225;

[(b)](2) Payment of the required fee; and

[(c)](3) Submission of proof of completion of the
required continuing education,

be granted a renewal certificate which will authorize
continuation of the practice for 1 year.

[2.](b) A licensee must comply with the provisions
of this subsection and subsection
1 on or before June 30. Failure to comply with [the provisions of
subsection 1]
those provisions by June 30 of each year automatically suspends
the license, and it may be reinstated only upon payment of the fee for
reinstatement [in addition to] and compliance with the requirements of this subsection . [1.]

3. If a license suspended pursuant to this section is
not reinstated within 12 months after suspension, it is automatically revoked.

Sec. 7. NRS
631.335 is hereby amended to read as follows:

631.3351. The license of a
person who does not actively practice in this state for 1 year automatically
reverts to inactive status at the time the license renewal fee is next payable.
If a person whose license has reverted to inactive status:

(a) Continues to practice actively outside this state,
his license may be reinstated to active status by the secretary-treasurer if he
pays the [license fee for active licensees] required reinstatement fee
and complies with the conditions prescribed by the regulations of the board.

(b) Does not continue to practice, his license may be
reinstated to active status only upon the motion of the board, submission of
the required reinstatement fee
[for active licenses] and proof of
continuing education, and compliance with the conditions prescribed by the
regulations of the board.

2. A licensee who is disabled and cannot practice, or
who is retired must be issued a license which reflects that status when the fee
to renew his license is next payable. His license may be reinstated to active
status only upon the motion of the board, submission of the required reinstatement fee [for
an active license] and proof of continuing education, and
compliance with the conditions prescribed by the regulations of the board.

Sec. 8. NRS
631.345 is hereby amended to read as follows:

631.3451. The board shall by regulation establish fees
[which must be charged by the board] for
the performance of the duties imposed upon it by this chapter [are
as follows:]
which must not exceed the following amounts:

Examination fee for a license to practice
dentistry

[$300] $750

Examination fee for a license to practice
dental hygiene

150

Application fee for a specialist
license

125

Application fee for a limited or restricted license

125

Application and examination fee
for a permit to
administer general anesthesia ,
conscious sedation or deep sedation

[200] 500

Fee for any reinspection required by the board to maintain
a permit to administer general anesthesia, conscious sedation or deep
sedation

250

Annual renewal fee for a permit to administer
general anesthesia , conscious
sedation or deep sedation

[50] 100

Fee for the inspection of a facility required by the board
to renew a permit to administer general anesthesia, conscious sedation or
deep sedation

100

Annual license renewal fee for a
general dentist or specialist[,
not to exceed]

Reinstatement fee for a
suspended license to practice dentistry or dental hygiene[, not to exceed]

$200

Reinstatement fee for a revoked
license to practice dentistry or dental hygiene

500

Reinstatement fee to return an inactive, retired or disabled
dentist or dental hygienist to active status

200

Fee for the certification of a license

50

2. Except as otherwise provided in this subsection, the
board shall charge a fee to review a course of continuing education for
accreditation. The fee must not exceed $150 per credit hour of the proposed
course. The board shall not charge a nonprofit organization or an agency of the
state or of a political subdivision of the state a fee to review a course of
continuing education.

3. All fees prescribed in this section are payable in
advance and must not be refunded.

Sec. 9. NRS
631.350 is hereby amended to read as follows:

631.3501. Except as otherwise
provided in NRS 631.347[,] and section 1 of this act,
the board may:

(a) Refuse to issue a license to any person;

(b) Revoke or suspend the license or renewal certificate
issued by it to any person;

(c) Fine a person it has licensed;

(d) Place a person on probation for a specified period on
any conditions the board may order;

(e) Issue a public reprimand to a person;

(f) Limit a persons practice to certain branches of
dentistry;

(g) Require a person to participate in a program to
correct alcohol or drug abuse or any other impairment;

(h) Require that a persons practice be supervised;

(i) Require a person to perform public service without
compensation;

(j) Require a person to take a physical or mental
examination or an examination of his competence;

upon proof satisfactory to the board that the person has
engaged in any of the activities listed in subsection 2.

2. The following activities may be punished as provided
in subsection 1:

(a) Engaging in the illegal practice of dentistry or
dental hygiene;

(b) Engaging in unprofessional conduct; or

(c) Violating any regulations adopted by the board or the
provisions of this chapter.

3. The board may delegate to a hearing officer or panel
its authority to take any disciplinary action pursuant to this chapter, impose
and collect fines therefor and deposit the money therefrom in banks or savings
and loan associations in this state.

4. If a hearing officer or panel is not authorized to
take disciplinary action pursuant to subsection 3 and the board deposits the
money collected from the imposition of fines with the state treasurer for
credit to the state general fund, it may present a claim to the state board of
examiners for recommendation to the interim finance committee if money is
needed to pay attorneys fees or the costs of an investigation, or both.

AN ACT relating to local financial administration;
extending the use of a fund to stabilize the operation of a local government to
include mitigation of the effects of a natural disaster; and providing other
matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 353.2755 is hereby amended to read as follows:

353.2755 1. A state agency or local government may
submit a request to the state board of examiners for a grant or loan from the fund
as provided in NRS 353.2705 to 353.2771, inclusive, if:

(a) The agency or local government finds that, because of
a disaster, it is unable to pay for an expense or grant match specified in NRS
353.274, 353.2745 or 353.2751 from money appropriated or otherwise available to
the agency or local government; and

(b) The request has been approved by the chief
administrative officer of the state agency or the governing body of the local
government.

2. A request for a grant or loan submitted pursuant to
subsection 1 must include:

(a) A statement setting forth the amount of money
requested by the state agency or local government;

(b) An assessment of the need of the state agency or
local government for the money requested; [and]

(c) If the
request is submitted by a local government that has established a fund pursuant
to NRS 354.6115 to mitigate the effects of a natural disaster, a statement of
the amount of money that is available in that fund, if any, for the payment of
expenses incurred by the local government as a result of a disaster; and

(d) A
determination of the type, value and amount of resources the state agency or
local government may be required to provide as a condition for the receipt of a
grant or loan from the fund.

3. Upon the receipt of a request for a grant or loan
submitted pursuant to subsection 1, the state board of examiners:

(b) May require any additional information that it
determines is necessary to make a recommendation.

4. If the state board of examiners finds that a grant or
loan is appropriate, it shall include in its recommendation to the interim finance
committee the proposed amount of the grant or loan. If the state board of
examiners recommends a loan for a local government, it shall include the
information required pursuant to subsection 1 of NRS 353.2765. If the state
board of examiners finds that a grant or loan is not appropriate, it shall
include in its recommendation the reason for its determination.

5. The provisions of this section do not prohibit a
state agency or local government from submitting more than one request for a
grant or loan from the fund.

6. As used
in this section, the term natural disaster has the meaning ascribed to it in
NRS 354.6115.

Sec. 2. NRS
354.6115 is hereby amended to read as follows:

354.61151. The governing body
of a local government may, by resolution, establish a fund to stabilize the
operation of the local government[.] and mitigate the effects of natural
disasters.

2. The money in the fund must be used only [if] :

(a) If
the total actual revenue of the local government falls short of the total
anticipated revenue in the general fund for the fiscal year in which the local
government uses that money[.] ; or

(b) To pay
expenses incurred by the local government to mitigate the effects of a natural
disaster.

The money in the fund at the end of the fiscal year may not
revert to any other fund or be a surplus for any purpose other than [the] a purpose specified in
this subsection.

3. The
money in the fund may not be used to pay expenses incurred to mitigate the
effects of a natural disaster until the governing body of the local government
issues a formal declaration that a natural disaster exists. The governing body
shall not make such a declaration unless a natural disaster is occurring or has
occurred. Upon the issuance of such a declaration, the money in the fund may be
used for the payment of the following expenses incurred by the local government
as a result of the natural disaster:

(a) The
repair or replacement of roads, streets, bridges, water control facilities,
public buildings, public utilities, recreational facilities and parks owned by
the local government and damaged by the natural disaster;

(b) Any
emergency measures undertaken to save lives, protect public health and safety
or protect property within the jurisdiction of the local government;

(c) The
removal of debris from publicly or privately owned land and waterways within
the jurisdiction of the local government that was undertaken because of the
natural disaster;

(d) Expenses
incurred by the local government for any overtime worked by an employee of the
local government because of the natural disaster or any other extraordinary
expenses incurred by the local government because of the natural disaster; and

(e) The
payment of any grant match the local government must provide to obtain a grant
from a federal disaster assistance agency for an eligible project to repair
damage caused by the natural disaster within the jurisdiction of the local
government.

4. The
balance in the fund must not exceed 10 percent of the expenditures from the
general fund for the previous fiscal year, excluding any federal funds expended
by the local government.

5. The
annual budget and audit report of the local government prepared pursuant to NRS
354.624 must specifically identify the fund and:

(a) Indicate
in detail the manner in which money in the fund was expended during the
previous fiscal year;

(b) Specify
the amount of money, if any, that will be deposited in the fund for the next
fiscal year; and

(c) Identify
any planned accumulation of the money in the fund.

The audit report
must include a statement by the auditor whether the local government has
complied with the provisions of this subsection.

(1) Results
in widespread or severe damage to property or injury to or the death of persons
within the jurisdiction of the local government; and

(2) As determined by the governing body of the
local government, requires immediate action to protect the health, safety and
welfare of persons residing within the jurisdiction of the local government.

Sec. 3. NRS
354.6117 is hereby amended to read as follows:

354.61171. Except as
otherwise provided in subsection 2, the total amount of money which may be
transferred in a fiscal year from the general fund of a local government to the
funds established pursuant to NRS 354.611, 354.6113 and 354.6115must not exceed 10
percent of the total amount of the budgeted expenditures of the general fund,
plus any money transferred from the general fund, other than the money
transferred to those funds, for that fiscal year.

2. Any money that a local government, pursuant to NRS
354.6116, deposits in or transfers to one or more of the funds established by
the local government pursuant to NRS 354.611, 354.6113 or 354.6115:

(a) Is not subject to the limitation on the amount of
money that a local government may transfer to those funds pursuant to
subsection 1.

(b) Must not be included in the determination of the
total amount of money transferred to those funds for the purposes of the
limitation set forth in subsection 1.

Sec. 4. This
act becomes effective on July 1, 1999.

________

κ1999
Statutes of Nevada, Page 1662κ

CHAPTER 366, SB 211

Senate Bill No.
211Senator OConnell

CHAPTER 366

AN ACT relating to the division of wildlife of the
state department of conservation and natural resources; allowing a change in
the location of the headquarters of the division; requiring the division to
contract with a private entity to conduct a drawing to award and issue tags for
a special season; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 501.341 is hereby amended to read as follows:

501.341The headquarters of the
division must be maintained at [Reno. Other] such a location in the state, and other
offices may be established throughout the state in such number and location , as will, in the opinion of the
administrator and commission, provide an efficient divisional operation.

Sec. 2. Chapter 502 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. The
division shall contract with a private entity to conduct a drawing and to award
and issue the tags for a special season. The drawing must be conducted using a
computer program that awards tags based on a random order of selection. The
contract must provide for the acquisition by the division of the ownership of
the computer program at the end of the term of the contract. The division shall
solicit bids for the contract pursuant to the provisions of chapter 333 of NRS.

2. The
division shall:

(a) Provide
to the private entity to whom a contract is awarded pursuant to the provisions
of subsection 1 any applications for tags, documents or other information
required by the private entity to conduct the drawing; and

(b) Otherwise
cooperate with the private entity in conducting the drawing.

3. As soon
as practicable after the drawing is completed, the private entity shall submit
the results of the drawing to the division.

4. If no
private entity qualifies for the awarding of the contract specified in
subsection 1, the division shall conduct a drawing to award tags for a special
season in the manner set forth in the regulations adopted by the commission
pursuant to the provisions of subsection 5.

5. The
commission shall adopt regulations necessary to carry out the provisions of
this section, including regulations that prescribe the manner in which the
division must conduct a drawing specified in subsection 1 if no private entity
qualifies for the awarding of the contract.

Sec. 3. NRS
242.131 is hereby amended to read as follows:

242.1311. The department
shall provide state agencies and elected state officers with all of their
required design of information systems. All agencies and officers must use
those services and equipment, except as otherwise provided in subsection 2.

2. The following agencies may negotiate with the
department for its services or the use of its equipment, subject to the provisions
of this chapter, and the department shall provide [such] those services and the
use of [such] that equipment as may be mutually agreed:

(a) [Court] The court administrator;

(b) [Department] The department of motor vehicles and public
safety;

(c) [Department] The department of transportation;

(d) [Employment] The employment security division of the
department of employment, training and rehabilitation;

(e) [Legislative] The division of wildlife of the state department of
conservation and natural resources;

(f) The
legislative counsel bureau;

[(f) State]

(g) The
state industrial insurance system;

[(g) State controller;

(h) State]

(h) The
state controller;

(i) The
state gaming control board and Nevada gaming commission; and

[(i)](j) The University and Community College
System of Nevada.

3. Any state agency or elected state officer who uses
the services of the department and desires to withdraw substantially from that
use must apply to the director for approval. The application must set forth
justification for the withdrawal. If the director denies the application, the
agency or officer must:

(a) If the legislature is in regular or special session,
obtain the approval of the legislature by concurrent resolution.

(b) If the legislature is not in regular or special
session, obtain the approval of the interim finance committee. The director
shall, within 45 days after receipt of the application, forward the application
together with his recommendation for approval or denial to the interim finance
committee. The interim finance committee has 45 days after the application and
recommendation are submitted to its secretary within which to consider the
application. Any application which is not considered by the committee within
the 45-day period shall be deemed approved.

4. If the demand for services or use of equipment
exceeds the capability of the department to provide them, the department may
contract with other agencies or independent contractors to furnish the required
services or use of equipment and is responsible for the administration of the
contracts.

AN ACT relating to traffic laws; providing standards
for making a right turn under certain circumstances; deleting the provision
which allows a driver of a motor vehicle to stop, stand, park or drive within a
pathway or lane provided for bicycles if he is preparing to make or making a
turn; clarifying the prohibition against entering or proceeding through an
intersection while driving within a pathway or lane provided for bicycles;
providing a penalty; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 484.305 is hereby amended to read as follows:

484.3051. [Whenever
any]If a
highway has two or more clearly marked lanes for traffic traveling in one
direction, vehicles [shall be] must:

(a) Be
driven as nearly as practicable entirely within a single lane ; and [shall
not]

(b) Not
be moved from [such]that lane until the driver has given the
appropriate turn signal and ascertained that such movement can be made with
safety.

2. Upon a highway which has been divided into three
clearly marked lanes a vehicle [shall]must not be driven in the extreme left lane at
any time. A vehicle on such a highway [shall]must not be driven
in the center lane except:

(a) When overtaking and passing another vehicle where the
highway is clearly visible and [such]the center lane is clear of traffic for a safe
distance;

(b) In preparation for a left turn; or

(c) [Where such]When the center lane is [at the time]
allocated exclusively to traffic moving in the direction in which the vehicle
is proceeding[,]
and a sign is posted
to give notice of such allocation.

3. [Whenever]If a highway has been designed to provide a
single center lane to be used only for turning[,]
by traffic moving in both directions, the following rules apply:

(a) A vehicle [shall] may be driven in the
center turn lane only for the purpose of making a left-hand turn.

(b) A vehicle [shall]must not travel more
than 200 feet in a center turn lane [prior to] before making a left-hand
turn.

4. If a
highway has been designed to provide a single right lane to be used only for
turning, a vehicle must:

(a) Be
driven in the right turn lane only for the purpose of making a right turn; and

(b) While
being driven in the right turn lane, not travel through an intersection.

Sec. 2. NRS
484.324 is hereby amended to read as follows:

484.3241. The driver of a
motor vehicle shall not:

(a) Intentionally interfere with the movement of a person
lawfully riding a bicycle; or

(b) Overtake and pass a person riding a bicycle unless he
can do so safely without endangering the person riding the bicycle.

2. The driver of a motor vehicle shall yield the right
of way to any person riding a bicycle on the pathway or lane. The driver of a
motor vehicle shall not enter,
stop, stand, park or drive within a pathway or lane provided for bicycles
except:

(a) [When preparing to make or making a turn;

(b)]
When entering or exiting an alley or driveway;

[(c)] (b) When operating or parking a disabled
vehicle;

[(d)] (c) To avoid conflict with other traffic;

[(e)] (d) In the performance of official duties;

[(f)] (e) In compliance with the directions of a
police officer; or

[(g)] (f) In an emergency.

3. Except as otherwise provided in
subsection 2, the driver of a motor vehicle shall not enter or proceed through
an intersection while driving within a pathway or lane provided for bicycles.

4.
The driver of a motor vehicle shall:

(a) Exercise due care to avoid a collision with a person
riding a bicycle; and

(b) Give an audible warning with the horn of the vehicle
if appropriate and when necessary to avoid such a collision.

[4.] 5. The operator of a bicycle shall not:

(a) Intentionally interfere with the movement of a motor
vehicle; or

(b) Overtake and pass a motor vehicle unless he can do so
safely without endangering himself or the occupants of the motor vehicle.

Sec. 3. NRS
484.333 is hereby amended to read as follows:

484.333[When]If the driver of a
vehicle intends to turn at an intersection[:

1. When the]and:

1. The turn is a right turn, both the
approach for the right turn and the right turn [shall]must be made [as
close as practicable to the right-hand curb or edge of the highway.

2. Where both]from the right turn lane if the highway
has a right turn lane as set forth in subsection 4 of NRS 484.305, or must be
made from the extreme right lane.

2. Both
intersecting highways are two-directional [, the] :

(a) The approach
for a left turn [shall]must be made in that portion of the right half
of the highway nearest the centerline thereof; [and after]

(b) After
entering the intersection ,
the left turn [shall]must be made so as to leave the intersection
to the right of the centerline of the highway being entered; and [in
all cases, except where]

(c) Except
as otherwise directed by official traffic-control devices,
simultaneous left turns by opposing traffic [shall]must be made in
front of each other.

3. [When the]The turn is a left turn from a two‑directional
highway [into]onto a one‑way highway, the approach for
[a]the left turn [shall]must be made in that
portion of the right half of the highway nearest the centerline thereof , and the turn [shall] must be made by turning
from the right of [such]the
centerline where it enters the intersection as close as practicable to the
left-hand curb of the one‑way highway.

the centerline
where it enters the intersection as close as practicable to the left-hand curb
of the one‑way highway.

4. [When making] The turn is a left turn from a one‑way
highway [into]onto a two‑directional highway, [such
turn shall]
the left turn must be made by passing to the right of the
centerline of the highway being entered upon leaving the intersection, and the
approach [of such turn shall] for the left turn must be made as close as
practicable to the left-hand curb of the one‑way highway.

5. [When making]The turn is a left turn where both
intersecting highways are one‑way, both the approach for the left turn
and the left turn [shall]must be made as close as practicable to the
left-hand curb or edge of the highway.

Sec. 4. The
amendatory provisions of this act do not apply to offenses that were committed
before October 1, 1999.

________

CHAPTER 368, SB 244

Senate Bill No.
244Senator Jacobsen (by request)

CHAPTER 368

AN ACT relating to taxation; prohibiting a dealer from
taking certain actions regarding cigarettes manufactured for export outside the
United States; prohibiting a dealer from affixing a revenue stamp or meter
impression upon certain containers of cigarettes; providing a penalty; and
providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 370 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. A wholesale or retail dealer shall
not affix a Nevada cigarette revenue stamp or a metered machine impression upon
a package, carton, packet or other container of cigarettes which:

(a) Does not meet the requirements of the Federal
Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq., for the
placement of labels, warnings or any other information required by that Act to
be placed upon a container of cigarettes sold within the United States;

(b) Is labeled as for export only, U.S. tax exempt,
for use outside the U.S. or with similar wording indicating that the
manufacturer did not intend for the product to be sold in the United States;

(c) Has been altered by the unauthorized addition or
removal of wording, labels or warnings described in paragraph (a) or (b);

(d) Has been exported from the United States after
January 1, 2000, and imported into the United States in violation of 26 U.S.C.
§ 5754; or

(c) Possess in this state with the intent to sell or
distribute in this state,

cigarettes manufactured for export outside the United
States.

3. The department may impose a penalty on a wholesale
or retail dealer who violates subsection 1 or 2 as follows:

(a) For the first violation, a penalty of $5,000.

(b) For each subsequent violation, a penalty of $10,000.

4. Notwithstanding any other provision of law, the
department may seize, destroy or sell to the manufacturer, for export only, a
container of cigarettes upon which a revenue stamp or metered machine
impression was placed in violation of subsection 1 or 2.

5. As used in
this section, cigarettes manufactured for export outside the United States
means cigarettes contained in a package or carton which indicates that the
cigarettes are tax exempt and for use outside the United States.

Sec. 2. NRS
370.001 is hereby amended to read as follows:

370.001As used in NRS 370.005
to 370.430, inclusive, and section
1 of this act, unless the context otherwise requires, the words
and terms defined in NRS 370.005 to 370.055, inclusive, have the meanings
ascribed to them in those sections.

Sec. 3. NRS
370.070 is hereby amended to read as follows:

370.070The provisions of NRS
370.001 to 370.430, inclusive, and
section 1 of this act do not apply to common carriers while
engaged in interstate commerce which sell or furnish cigarettes on their
trains, buses or airplanes.

Sec. 4. The
amendatory provisions of this act do not apply to violations committed before
January 1, 2000.

Sec. 5. This
act becomes effective on January 1, 2000.

________

CHAPTER 369, SB 287

Senate Bill No.
287Senator Porter

CHAPTER 369

AN ACT relating to taxes on fuels; revising procedures
pursuant to which a board of county commissioners may impose a tax on fuel for
jet or turbine‑powered aircraft; and providing other matters properly
relating thereto.

[Approved May 29, 1999]

Whereas, It is vitally important to
the economy of a county and to the general welfare of the inhabitants of the
county that the board of county commissioners have the ability and discretion
to impose a tax or tax increase upon certain products, such as jet fuel, which
are sold within the borders of the county; and

Whereas, The imposition of a tax or
tax increase upon jet fuel by a board of county commissioners has ramifications
beyond the borders of the county because such an increase may cause an increase
in airfare prices that results in a decrease in the accessibility of affordable
air service for residents of the State of Nevada and tourists and other
visitors from outside the state; and

Whereas, The accessibility of affordable
air service in the State of Nevada is crucial to the vitality of tourism, one
of the primary industries in this state, and hence is crucial to the economy of
the State of Nevada and the general welfare of the inhabitants of this state;
and

Whereas, A fine line separates a
reasonable tax imposed upon jet fuel to maintain or increase the general
welfare of the inhabitants of a county from an unduly burdensome tax imposed
upon jet fuel that adversely affects the tourism industry in Nevada and decreases
the economy of this state and the general welfare of its inhabitants; and

Whereas, A board of county
commissioners is in the best position to determine the countys need for
revenue and whether such revenue should come from a tax or tax increase upon jet
fuel, and when making such a determination should consider whether imposing a
tax or tax increase upon jet fuel crosses the line from reasonable and
appropriate tax to unduly burdensome tax; and

Whereas, It is the intent of the
legislature by adopting this act to increase the amount of discretion a board
of county commissioners has to impose a tax or tax increase upon jet fuel but
it is not the intent of the legislature to authorize a county to impose unduly
burdensome taxes which have a detrimental effect upon the tourism industry in
the State of Nevada; and

Whereas, The legislature trusts that a
board of county commissioners will consider the effects of a tax or tax
increase upon jet fuel on the price of air travel and the tourism industry in
this state and will consult with the airline industry when considering the
imposition or increase of such a tax before it exercises the discretion granted
in this act; now, therefore,

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 365.203 is hereby amended to read as follows:

365.2031. A board of county
commissioners may by ordinance, but not as in a case of emergency, impose a tax
of not more than:

(a) Four cents per gallon on fuel for jet or turbine-powered
aircraft sold, distributed or used in the county ; [, after receiving the
approval of a majority of the registered voters of the county voting on the
question at a primary, general or special election;] and

(b) Eight cents per gallon on aviation fuel.

[A county may combine this question with questions submitted
pursuant to NRS 244.3351, 278.710, 371.045 or 377A.020, or any combination
thereof.

2. A special
election may be held only if the board of county commissioners determines, by a
unanimous vote, that an emergency exists. The determination made by the board
is conclusive unless it is shown that the board acted with fraud or a gross
abuse of discretion. An action to challenge the determination made by the board
must be commenced within 15 days after the boards determination is final. As
used in this subsection, emergency means any unexpected occurrence or
combination of occurrences which requires immediate action by the board of
county commissioners to prevent or mitigate a substantial financial loss to the
county or to enable the board to provide an essential service to the residents
of the county.

3.] 2. A tax imposed
pursuant to this section must be imposed on all taxpayers at the same rate. The
county shall not allow any discounts, exemptions or other variance of the rate
of the tax for any taxpayer except for the state or a political subdivision of
the state.

[4.] 3. Collection of the tax imposed pursuant to
this section must not commence earlier than the first day of the second
calendar month after adoption of the ordinance imposing the tax.

Sec. 2. NRS
371.045 is hereby amended to read as follows:

371.0451. A board of county
commissioners may by ordinance, but not as in a case of emergency, after
receiving the approval of a majority of the registered voters voting on the
question at a primary, general or special election, impose a supplemental
privilege tax of not more than 1 cent on each $1 of valuation of the vehicle
for the privilege of operating upon the public streets, roads and highways of
the county on each vehicle based in the county except:

(a) A vehicle exempt from the motor vehicle privilege tax
pursuant to this chapter; or

(b) A vehicle subject to NRS 706.011 to 706.861,
inclusive, which is engaged in interstate or intercounty operations.

2. A county may combine this question with questions
submitted pursuant to NRS 244.3351, 278.710[, 365.203]
or 377A.020, or any combination thereof.

3. A special election may be held only if the board of
county commissioners determines, by a unanimous vote, that an emergency exists.
The determination made by the board is conclusive unless it is shown that the
board acted with fraud or a gross abuse of discretion. An action to challenge
the determination made by the board must be commenced within 15 days after the
boards determination is final. As used in this subsection, emergency means
any unexpected occurrence or combination of occurrences which requires
immediate action by the board of county commissioners to prevent or mitigate a
substantial financial loss to the county or to enable the board to provide an
essential service to the residents of the county.

4. Collection of the tax imposed pursuant to this
section must not commence earlier than the first day of the second calendar
month after adoption of the ordinance imposing the tax.

5. Except as otherwise provided in subsection 6 and NRS
371.047, the county shall use the proceeds of the tax to pay the cost of:

(a) Projects related to the construction and maintenance
of sidewalks, streets, avenues, boulevards, highways and other public rights of
way used primarily for vehicular traffic, including, without limitation,
overpass projects, street projects or underpass projects, as defined in NRS
244A.037, 244A.053 and 244A.055, within the boundaries of the county or within
1 mile outside those boundaries if the board of county commissioners finds that
such projects outside the boundaries of the county will facilitate
transportation within the county;

(b) Payment of principal and interest on notes, bonds or
other obligations incurred to fund projects described in paragraph (a); or

6. The county may expend the proceeds of the
supplemental privilege tax authorized by this section and NRS 371.047, or any
borrowing in anticipation of that tax, pursuant to an interlocal agreement
between the county and the regional transportation commission of the county
with respect to the projects to be financed with the proceeds of the tax.

7. As used in this section, based has the meaning
ascribed to it in NRS 482.011.

Sec. 3. NRS
377A.020 is hereby amended to read as follows:

377A.0201. The board of
county commissioners of any county may enact an ordinance imposing a tax for a
public transit system or for the construction, maintenance and repair of public
roads, or both, pursuant to NRS 377A.030. The board of county commissioners of
any county whose population is less than 400,000 may enact an ordinance
imposing a tax to promote tourism pursuant to NRS 377A.030.

2. An ordinance enacted pursuant to this chapter may not
become effective before a question concerning the imposition of the tax is
approved by a majority of the registered voters of the county voting upon the
question which the board may submit to the voters at any general election. A
county may combine the questions for a public transit system and for the
construction, maintenance and repair of public roads with questions submitted
pursuant to NRS 244.3351, 278.710[,
365.203] or 371.045, or any combination thereof. The board
shall also submit to the voters at a general election any proposal to increase
the rate of the tax or change the previously approved uses for the proceeds of
the tax.

3. Any ordinance enacted pursuant to this section must
specify the date on which the tax must first be imposed or on which an increase
in the rate of the tax becomes effective, which must not be earlier than the
first day of the second calendar month following the approval of the question
by the voters.

Sec. 4. NRS
244.3351 is hereby amended to read as follows:

244.33511. Except as
otherwise provided in subsection 2 of NRS 244.3359, in addition to all other
taxes imposed on the revenue from the rental of transient lodging, a board of
county commissioners may by ordinance, but not as in a case of emergency,
impose a tax at the rate of 1 percent of the gross receipts from the rental of
transient lodging pursuant to either paragraph (a) or (b) as follows:

(a) After receiving the approval of a majority of the
registered voters of the county voting on the question at a special, primary or
general election, the board of county commissioners may impose the tax
throughout the county, including its incorporated cities, upon all persons in
the business of providing lodging. The question may be combined with a question
submitted pursuant to NRS 278.710, [365.203,]
371.045 or 377A.020, or any combination thereof.

(b) After receiving the approval of a majority of the
registered voters who reside within the boundaries of a transportation district
created pursuant to NRS 244A.252, voting on the question at a special, primary
or general district election, the board of county commissioners may impose the
tax within the boundaries of the transportation district upon all persons in
the business of providing lodging. The question may be combined with a question
submitted pursuant to NRS 278.710.

2. A special election may be held only if the board of
county commissioners determines, by a unanimous vote, that an emergency exists.
The determination made by the board of county commissioners is conclusive unless
it is shown that the board acted with fraud or a gross abuse of discretion. An
action to challenge the determination made by the board must be commenced
within 15 days after the boards determination is final. As used in this
subsection, emergency means any unexpected occurrence or combination of
occurrences which requires immediate action by the board of county
commissioners to prevent or mitigate a substantial financial loss to the county
or to enable the board to provide an essential service to the residents of the
county.

3. The ordinance imposing the tax must include all the
matters required by NRS 244.3352 for the mandatory tax, must be administered in
the same manner, and imposes the same liabilities, except:

(a) Collection of the tax imposed pursuant to this
section must not commence earlier than the first day of the second calendar
month after adoption of the ordinance imposing the tax; and

(b) The governmental entity collecting the tax [must]shall transfer all
collections to the county and may not retain any part of the tax as a
collection or administrative fee.

Sec. 5. NRS
278.710 is hereby amended to read as follows:

278.7101. A board of county
commissioners may by ordinance, but not as in a case of emergency, impose a tax
for the improvement of transportation on the privilege of new residential,
commercial, industrial and other development pursuant to paragraph (a) or (b)
as follows:

(a) After receiving the approval of a majority of the
registered voters of the county voting on the question at a special election or
the next primary or general election, the board of county commissioners may
impose the tax throughout the county, including any such development in
incorporated cities in the county. A county may combine this question with a
question submitted pursuant to NRS 244.3351, [365.203,]
371.045 or 377A.020, or any combination thereof.

(b) After receiving the approval of a majority of the
registered voters who reside within the boundaries of a transportation district
created pursuant to NRS 244A.252, voting on the question at a special or
general district election or primary or general state election, the board of
county commissioners may impose the tax within the boundaries of the district.
A county may combine this question with a question submitted pursuant to NRS
244.3351.

2. A special election may be held only if the board of
county commissioners determines, by a unanimous vote, that an emergency exists.
The determination made by the board of county commissioners is conclusive
unless it is shown that the board acted with fraud or a gross abuse of
discretion. An action to challenge the determination made by the board must be
commenced within 15 days after the boards determination is final. As used in
this subsection, emergency means any unexpected occurrence or combination of
occurrences which requires immediate action by the board of county
commissioners to prevent or mitigate a substantial financial loss to the county
or to enable the board of county commissioners to provide an essential service
to the residents of the county.

3. The tax imposed pursuant to this section must be at
such a rate and based on such criteria and classifications as the board of
county commissioners determines to be appropriate. Each such determination is
conclusive unless it constitutes an arbitrary and capricious abuse of
discretion, but the tax imposed must not exceed $500 per single-family dwelling
unit of new residential development, or the equivalent thereof as determined by
the board of county commissioners, or 50 cents per square foot on other new
development. If so provided in the ordinance, a newly developed lot for a
mobile home shall be considered a single-family dwelling unit of new
residential development.

4. The tax imposed pursuant to this section must be
collected before the time a certificate of occupancy for a building or other
structure constituting new development is issued, or at such other time as is
specified in the ordinance imposing the tax. If so provided in the ordinance,
no certificate of occupancy may be issued by any local government unless proof
of payment of the tax is filed with the person authorized to issue the
certificate of occupancy. Collection of the tax imposed pursuant to this
section must not commence earlier than the first day of the second calendar
month after adoption of the ordinance imposing the tax.

5. In a county in which a tax has been imposed pursuant
to paragraph (a) of subsection 1, the revenue derived from the tax must be used
exclusively to pay the cost of:

(a) Projects related to the construction and maintenance
of sidewalks, streets, avenues, boulevards, highways and other public rights of
way used primarily for vehicular traffic, including, without limitation,
overpass projects, street projects and underpass projects, as defined in NRS
244A.037, 244A.053 and 244A.055, within the boundaries of the county or within
1 mile outside those boundaries if the board of county commissioners finds that
such projects outside the boundaries of the county will facilitate
transportation within the county;

(b) The principal and interest on notes, bonds or other
obligations incurred to fund projects described in paragraph (a); or

(c) Any combination of those uses.

6. In a transportation district in which a tax has been
imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the
tax must be used exclusively to pay the cost of:

(a) Projects related to the construction and maintenance
of sidewalks, streets, avenues, boulevards, highways and other public rights of
way used primarily for vehicular traffic, including, without limitation,
overpass projects, street projects and underpass projects, as defined in NRS
244A.037, 244A.053 and 244A.055, within the boundaries of the district or
within such a distance outside those boundaries as is stated in the ordinance
imposing the tax, if the board of county commissioners finds that such projects
outside the boundaries of the district will facilitate transportation within
the district;

(b) The principal and interest on notes, bonds or other
obligations incurred to fund projects described in paragraph (a); or

7. The county may expend the proceeds of the tax
authorized by this section, or any borrowing in anticipation of the tax,
pursuant to an interlocal agreement between the county and the regional
transportation commission of the county with respect to the projects to be
financed with the proceeds of the tax.

8. The provisions of chapter 278B of NRS and any action
taken pursuant to that chapter do not limit or in any other way apply to any
tax imposed pursuant to this section.

Sec. 6. This
act becomes effective on July 1, 1999.

________

CHAPTER 370, SB 289

Senate Bill No. 289Senator Washington

CHAPTER 370

AN ACT relating to public schools; clarifying the
provision regarding the prohibition of nonsecular activities in the public
schools; and providing other matters properly relating thereto.

[Approved May 29, 1999]

Whereas, The First Amendment to the
United States Constitution guarantees the free exercise of religion, as does
section 4 of article 1 of the Nevada constitution; and

Whereas, The
Equal Access Act enacted by Congress in 1984 was designed to ensure that,
consistent with the First Amendment, religious activities by pupils are
accorded the same access to public school facilities as are any other
nonreligious activities by the pupils; and

Whereas, The provisions ofarticle 11 of the Nevada constitution
that prohibit sectarian instruction in the common schools and universities in
this state and prohibit the expenditure of public money for sectarian purpose
must be considered together with the aforementioned constitutional guarantees
of free religious expression; and

Whereas,On July 12, 1995, in remarks regarding
religious liberty in this country, President Clinton said that some school
officials, teachers and parents incorrectly believe that the Constitution
forbids any religious expression at all in public schools even though our
courts have made it clear that religious expression must not be denied as long
as it is not sponsored by school officials and it does not interfere with the
rights of the other pupils; and

Whereas,Because of the continued
misinterpretation of the Constitution as it relates to the voluntary expression
of religion by pupils in their art projects, homework assignments, class
presentations, clothing and extracurricular clubs, President Clinton directed
the Secretary of Education and the Attorney General to provide every school
district in America with a statement of principles addressing the extent to
which religious expression and activity are permitted in our public schools;
and

Whereas,On August 10, 1995, such a statement
of principles was issued with a statement from the Secretary of Education that
reminded the local school superintendents of two basic and equally important
obligations on public school administrators in their dealings with religion:
First, that public schools may not forbid pupils who are
acting on their own from expressing their personal religious views or beliefs
solely because they are of a religious nature, but must instead give pupils the
same right to engage in religious activity and discussion as they have to engage
in other comparable nonreligious activity; and secondly, that schools may not
endorse religious activity or doctrine, nor may they coerce participation in
religious activity or allow the religious expression by one pupil to interfere
unreasonably with the activity of others; and

schools may not forbid pupils who are acting on their own
from expressing their personal religious views or beliefs solely because they
are of a religious nature, but must instead give pupils the same right to
engage in religious activity and discussion as they have to engage in other
comparable nonreligious activity; and secondly, that schools may not endorse
religious activity or doctrine, nor may they coerce participation in religious
activity or allow the religious expression by one pupil to interfere
unreasonably with the activity of others; and

Whereas,The Secretary of Education acknowledged
that the implementation of these principles by school administrators must
depend on their careful application of the principles to each specific factual
situation based on a full understanding of the relevant constitutional and
statutory obligations; now, therefore,

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 388.150 is hereby amended to read as follows:

388.1501. No books, tracts or papers of a sectarian or
denominational character may be used or introduced in any public school
established pursuant to the provisions of this Title of NRS, nor may any
sectarian or denominational doctrines be taught in any public school.

2. Any school district or charter school whose officers
knowingly allow any public schools to be taught in violation of this section
forfeits all right to any public school funds.

3. Nothing in this section prohibits a
school district or charter school from complying with applicable federal laws,
such as the Equal Access Act, 20 U.S.C. §§ 4071 et seq.

________

CHAPTER 371, SB 300

Senate Bill No. 300Committee on Transportation

CHAPTER 371

AN ACT relating to vehicles; revising provisions
governing the removal and disposition of abandoned vehicles; and providing other
matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

487.2601. If the vehicle is
appraised at a value of more than $500 the state agency or political
subdivision shall dispose of it as provided in NRS 487.270.

2. If the vehicle is appraised as a junk vehicle, the
department may issue a junk certificate to the automobile wrecker or tow
operator who removed the vehicle.

3. An automobile wrecker who possesses a junk
certificate for a junk vehicle may dismantle, scrap, crush or otherwise destroy
the vehicle.

4. A vehicle for which a junk certificate has been
issued may be sold to an automobile wrecker by the person to whom the junk
certificate was issued by the sellers endorsement on the certificate. An
automobile wrecker who purchases a vehicle for which a junk certificate has been
issued shall, within 10 days after purchase, apply to the department for a new
junk certificate and surrender the original certificate.

5. A person who sells, dismantles, scraps, crushes or
otherwise destroys a junk vehicle shall maintain, for at least 2 years, a copy
of the junk certificate and a record of the name and address of the person from
whom the vehicle was acquired and the date thereof. He shall allow any peace
officer or any investigator employed by a state agency to inspect the records
during business hours.

6. As used in this section, junk vehicle means a
vehicle, including component parts, which:

(a) Has been discarded or abandoned;

(b) Has been ruined, wrecked, dismantled or rendered
inoperative;

(c) Is unfit for further use in accordance with the
original purpose for which it was constructed;

(d) Is not registered with the department[;] or has not been reclaimedby the registered owner or a
person having a security interest in the vehicle within 15 days after
notification pursuant to NRS 487.250; and

(e) Has value
principally as scrap which does not exceed $200.

________

κ1999
Statutes of Nevada, Page 1676κ

CHAPTER 372, SB 310

Senate Bill No.
310Senators Rhoads, McGinness, Jacobsen and Amodei

CHAPTER 372

AN ACT relating to livestock; creating the rangeland
resources commission; providing for its membership; prescribing its powers and
duties; imposing a fee for certain animal unit months that are authorized for
use on grazing lands; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 563 of NRS is hereby amended by adding thereto the provisions set
forth as sections 2 to 14, inclusive, of this act.

Sec. 2. As used in sections 2 to 14, inclusive,
of this act, unless the context otherwise requires, the words and terms defined
in sections 3, 4 and 5 of this act have the meanings ascribed to them in those
sections.

Sec. 3. Commission means the rangeland
resources commission created by section 6 of this act.

Sec. 4. Grazing lands means any public lands
in this state:

1. That are managed or controlled by the United States
Forest Service or the Bureau of Land Management; and

2. Upon which a person herds or grazes cattle or sheep
pursuant to a license, lease or permit issued for that purpose by the Secretary
of Agriculture or the Secretary of the Interior.

Sec. 5. State grazing board means a state
grazing board created by the provisions of NRS 568.040.

(2) The Nevada Woolgrowers Association or its
successor organization; and

(3) The Nevada Farm Bureau or its successor
organization.

Each member specified in this paragraph serves as an ex
officio member of the commission and may designate another person to serve on
his behalf.

2. Not less than 30 days before the expiration of the
term of a member of the commission, the state grazing board from which the
member was appointed shall submit to the governor a written list of two persons
for appointment to the commission. A person nominated by a state grazing board
must be a member of that board. If such a list is submitted to the governor by
a state grazing board within the period prescribed in this subsection, the
governor shall appoint to the commission one member from the list. If the list
is not submitted to the governor by a state grazing board within that period, the governor shall appoint to the
commission one member who is a member of that board.

within that period, the governor shall appoint to the
commission one member who is a member of that board.

3. The members of the commission shall
elect a chairman and vice chairman by a majority vote. After the initial
election, the chairman and vice chairman serve in the office for a term of 1
year beginning on July 1 of each year. If a vacancy occurs in the chairmanship
or vice chairmanship, the members of the commission shall elect a chairman or
vice chairman from among its members to serve for the remainder of the
unexpired term.

4. After the initial terms, each member of the
commission who is appointed serves for a term of 4 years.

5. A vacancy on the commission must be filled in the
same manner as the original appointment.

6. Each member of the commission:

(a) Serves without compensation; and

(b) While engaged in the business of the commission, and
to the extent that money is available for that purpose from the fees collected
pursuant to section 11 of this act, is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.

7. The per diem allowance and travel
expenses of a member of the commission must be paid from the fees collected
pursuant to section 11 of this act.

Sec. 7. 1. The members of the commission shall
meet at least quarterly and at the times and places specified by a call of the
chairman or by a majority of the members of the commission.

2. A majority of the members of the commission
constitute a quorum, and a quorum may exercise all the powers and duties of the
commission.

Sec. 8. The commission may:

1. Conduct research and surveys to determine the
opinions and knowledge of the residents of this state concerning the livestock
industry on grazing lands;

2. Establish programs to provide
information to the residents of this state concerning the livestock industry on
grazing lands;

4. Support the responsible control, management or use
of grazing lands;

5. Compile information concerning the livestock
industry on grazing lands and disseminate that information to each state
grazing board;

6. Make determinations concerning the availability of
forage on grazing lands; and

7. Take any action it determines is necessary to
stabilize the livestock industry on grazing lands.

Sec. 9. The commission may:

1. Cooperate with any local, state or federal agency,
any local, state or national organization or any representatives of an industry
whose duties and powers are the same as or similar to the duties and powers of
the commission;

2. Employ such persons or enter into such contracts as
it determines are necessary to assist it in carrying out the provisions of sections
2 to 14, inclusive, of this act;

3. Grant, donate or expend money:

(a) To construct or maintain a range improvement; or

(b) For any other purpose beneficial to the livestock
industry on grazing lands; and

4. Purchase, lease or own any real or personal
property.

Sec. 10. 1. The commission may apply for or
accept any gifts, grants, donations or contributions from any source to assist
it in carrying out the provisions of sections 2 to 14, inclusive, of this act.

2. Any money the commission receives pursuant to
subsection 1 must be deposited in the state treasury pursuant to the provisions
of section 12 of this act.

Sec. 11. 1. The commission shall, not later than
January 15 of each year, charge and collect from each person who grazed cattle
or sheep on grazing lands during the preceding calendar year a fee of 10 cents
for each animal unit month that he was authorized by the United States Forest
Service or the Bureau of Land Management to use during the immediately
preceding year.

2. A person who pays the fee required by this section
may, not earlier than January 15 of each year and not later than February 15 of
that year, apply to the commission for a refund of the fee paid for the
immediately preceding year. The application must be submitted on a form
prescribed by the commission. Upon receipt of the request and after determining
that the fee has been paid by the person requesting the refund, the commission
shall, within 60 days after making that determination, refund to that person an
amount equal to the fee paid by the person.

3. As used in this section, animal unit month means
the amount of forage required to sustain one cow or its equivalent for 1 month.

Sec. 12. 1. Any money the commission receives
pursuant to sections 10 and 11 of this act:

(a) Must be deposited in the state treasury and
accounted for separately in the state general fund;

(b) May be used by the commission only for the costs of
carrying out the provisions of sections 2 to 14, inclusive, of this act; and

(c) Does not revert to the state general fund at the end
of any fiscal year.

2. Any interest or income earned on the money in the
account must be credited to the account. Any claims against the account must be
paid in the manner that other claims against the state are paid.

Sec. 13. 1. If a person fails to pay the fee
required by section 11 of this act, the commission may provide a written notice
of that fact to the attorney general or the district attorney of the county in
which the person resides.

2. A person who fails to pay the fee required by
section 11 of this act shall:

(a) For the first violation, pay a civil penalty of not
more than $250.

(b) For the second violation, pay a civil penalty of not
more than $500.

(c) For the
third or subsequent violation, pay a civil penalty of not more than $750.

Sec. 13.5. 1. On or before June 1 of each year,
the commission shall submit to the director of the department of administration
a financial statement setting forth:

(a) The assets and obligations of the commission; and

(b) The amount of the fees, if any:

(1) Collected by the commission pursuant to the
provisions of section 11 of this act for the immediately preceding calendar
year; and

(2) Refunded by the commission pursuant to that
section for that year.

2. On or
before July 1 of each year, the governor shall proclaim the percentage of the
fees collected pursuant to subsection 1 of section 11 of this act for the
immediately preceding calendar year that were refunded by the commission
pursuant to the provisions of subsection 2 of section 11 of this act. The
director of the department of administration shall transmit a copy of the
proclamation to the director of the legislative counsel bureau.

Sec. 14. The
division of agriculture of the department of business and industry shall,
within the resources available to it, provide administrative services to the
commission to assist the commission in carrying out the provisions of sections
2 to 14, inclusive, of this act.

Sec. 15. 1.
Not later than September 1, 1999, each state grazing board shall submit to the
governor a written list of two persons for appointment to the rangeland
resources commission created by section 6 of this act. Each person included in
the list must be a member of the state grazing board that submits the list.

2. As soon as
practicable after October 1, 1999, the appointed members of the rangeland
resources commission must be appointed by the governor from the lists submitted
pursuant to subsection 1 to initial terms as follows:

(a) Two members
to terms that expire on October 1, 2000;

(b) Two members
to terms that expire on October 1, 2001; and

(c) Three members
to terms that expire on October 1, 2002.

The governor shall
not appoint more than one person from each list submitted pursuant to
subsection 1.

Sec. 16. The
provisions of this act:

1. Become
effective on July 1, 1999, for the purpose of appointing the members of the
rangeland resources commission created by section 6 of this act, and on October
1, 1999, for all other purposes.

2. Expire by
limitation on December 31 of the first year during which the governor proclaims
that the amount of the fees refunded by the rangeland resources commission
pursuant to the provisions of section 11 of this act for the immediately
preceding calendar year is more than 50 percent of the fees collected by the
commission pursuant to that section for that calendar year. The commission may
continue to operate after December 31 of the year the proclamation is issued to
dispose of any property owned by the commission and to take any other action
necessary to dissolve the commission, but in no case may the commission charge
or collect any fees pursuant to the provisions of sections 2 to 14, inclusive,
of this act after the provisions of this act expire by limitation, other than
to collect any fees owed for a previous year.

year. If the
provisions of this act expire by limitation pursuant to this subsection, the
commission shall, as soon as practicable after taking all actions necessary to
dissolve the commission, refund any money remaining in the account created by
section 12 of this act to each person who paid the fee required by section 11
of this act for the calendar year immediately preceding the year in which the
provisions expire by limitation and who did not receive a refund of that fee
pursuant to that section. Each of those persons must be paid a pro rata share
of the remaining amount based on the ratio of the number of animal unit months
for which he paid the fee to the total fees paid for animal unit months and not
refunded.

________

CHAPTER 373, SB 338

Senate Bill No.
338Senator Rawson

CHAPTER 373

AN ACT relating to traffic laws; providing for the
exclusive use of certain parking spaces designated for the handicapped by
certain vehicles; prohibiting persons from parking in certain spaces; providing
a penalty; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 484.408 is hereby amended to read as follows:

484.4081. Any parking space
designated for the handicapped must be indicated by a sign:

(a) Bearing the international symbol of access with or
without the words Parking, Handicapped Parking, Handicapped Parking Only,
or Reserved for the Handicapped, or any other word or combination of words
indicating that the space is designated for the handicapped;

(b) Stating Minimum fine of $100 for use by others or
equivalent words; and

(c) The bottom of which must be not less than 4 feet
above the ground.

2. In addition to the requirements of
subsection 1, a parking space designated for the handicapped which:

(a) Is designed for the exclusive use of a vehicle with
a side-loading wheelchair lift; and

(b) Is located in a parking lot with 60 or more parking
spaces,

must be indicated by a sign using a combination of words to
state that the space is for the exclusive use of a vehicle with a side-loading
wheelchair lift.

3. If a parking space is designed for
the use of a vehicle with a side-loading wheelchair lift, the space which is
immediately adjacent and intended for use in the loading and unloading of a
wheelchair into or out of such a vehicle must be indicated by a sign:

(a) Stating No Parking or similar
words which indicate that parking in such a space is prohibited;

(b) Stating Minimum fine of $100 for
violation or similar words indicating that the minimum fine for parking in
such a space is $100; and

(c) The
bottom of which must not be less than 4 feet above the ground.

4. A
person shall not park a vehicle in a space designated for the handicapped by a
sign that meets the requirements of subsection 1, whether on public or
privately owned property, unless he is eligible to do so and the vehicle
displays:

(a) Special license plates issued pursuant to NRS
482.384;

(b) A special or temporary parking placard issued
pursuant to NRS 482.384;

(c) Special license plates or a special or temporary
parking placard displaying the international symbol of access issued by another
state or a foreign country; or

(d) Special license plates for a disabled veteran and a
special parking placard issued pursuant to NRS 482.384.

[3.] 5. Except as otherwise provided in this subsection, a
person shall not park a vehicle in a space that is reserved for the exclusive
use of a vehicle with a side-loading wheelchair lift and is designated for the
handicapped by a sign that meets the requirements of subsection 2, whether on
public or privately owned property, unless:

(a) He is
eligible to do so;

(b) The vehicle displays the special license plates or
placard set forth in subsection 4; and

(c) The vehicle is equipped with a side-loading
wheelchair lift.

A person who meets the requirements of paragraphs (a) and
(b) may park a vehicle that is not equipped with a side-loading wheelchair lift
in such a parking space if the space is in a parking lot with fewer than 60
parking spaces.

6. A person shall not park in a space which:

(a) Is immediately adjacent to a space designed for use
by a vehicle with a side-loading wheelchair lift; and

(b) Is designated as a space in which parking is
prohibited by a sign that meets the requirements of subsection 3,

whether on public or privately owned property.

7. A person shall not use [such] a plate or
placard [for a vehicle]set forth in subsection 4
to park in a space designated for the handicapped unless he is a person with a
disability which limits or impairs the ability to walk, a disabled veteran or
the driver of a vehicle in which such a person is a passenger.

[4.]8. A person who violates
any provision of this section is guilty of a misdemeanor and shall be punished:

(a) Upon the
first offense, by a fine of $100.

(b) Upon the
second offense, by a fine of $250 and not less than 8 hours, but not more than
50 hours, of community service.

(c) Upon the third or subsequent offense, by a fine of
not less than $500, but not more than $1,000 and not less than 25 hours, but
not more than 100 hours, of community service.

Sec. 2. The amendatory provisions of this act do
not apply to offenses that are committed before October 1, 1999.

Sec. 3. This
act becomes effective at 12:01 a.m. on October 1, 1999.

________

CHAPTER 374, SB 341

Senate Bill No.
341Committee on Government Affairs

CHAPTER 374

AN ACT relating to local governmental purchasing;
limiting the time certain local governments are required to maintain a record
of requests for bids and bids received; authorizing the authorized
representative of a local government to let contracts in an emergency and to
assign awarded contracts; authorizing local governments to reaward contracts;
prohibiting the sale of personal property of a local government unless the
property is no longer required for public use; authorizing local governments to
join or use the contracts of the State of Nevada; and providing other matters
properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 332.039 is hereby amended to read as follows:

332.0391. Except as otherwise
provided by specific statute:

(a) A governing body or its authorized representative in
a county whose population is 100,000 or more shall advertise all contracts for
which the estimated amount required to perform the contract exceeds $25,000.

(b) Such a governing body or its authorized
representative may enter into a contract of any nature without advertising if
the estimated amount required to perform the contract is $25,000 or less.

(c) If the estimated amount required to perform the
contract is more than $10,000 but not more than $25,000, requests for bids must
be submitted to two or more persons capable of performing the contract, if
available. The governing body or its authorized representative shall maintain a
[permanent] record of all requests for
bids and all bids received[.

2. Nothing
in this section prohibits] for at least 7 years after the date of execution of the
contract.

2. This
section does not prohibit a governing body or its authorized
representative from advertising for or requesting bids regardless of the
estimated amount to perform the contract.

Sec. 2. NRS
332.055 is hereby amended to read as follows:

332.0551. For the purposes of
this section, an emergency is one which:

(a) Results from the occurrence of a disaster [such
as,]
including, but not limited to, fire, flood, hurricane, riot,
power outage or disease; or

(b) May lead to impairment of the health, safety or
welfare of the public if not immediately attended to.

2. If the authorized
representative, chief administrative officer or [the]
governing body of the local government determines that an emergency exists
affecting the public health, safety or welfare, a contract or contracts
necessary to contend with [such] the emergency may be let without complying
with the requirements of this chapter. If such emergency action was taken by
the authorized representative or chief administrative
officer, he shall report it to the governing body at its next regularly
scheduled meeting.

authorized
representative or chief administrative officer, he shall report
it to the governing body at its next regularly scheduled meeting.

Sec. 3. NRS
332.065 is hereby amended to read as follows:

332.0651. [When] If a governing body or
its authorized representative has advertised for or requested bids in letting a
contract, the award must, except as otherwise provided in subsection 2, be made
to the lowest responsive and responsible bidder. The lowest responsive and
responsible bidder must be judged on the basis of price, conformance to
specifications, bidders qualifications , including the bidders past performance in
such matters, quality and utility of services, supplies, materials or equipment
offered and their adaptability to the required purpose and in the best interest
of the public, each of the factors being considered.

2. The governing body:

(a) Shall give preference to recycled products if:

(1) The product meets the applicable standards;

(2) The product can be substituted for a comparable
nonrecycled product; and

(3) The product costs no more than a comparable
nonrecycled product.

(b) May give preference to recycled products if:

(1) The product meets the applicable standards;

(2) The product can be substituted for a comparable
nonrecycled product; and

(3) The product costs no more than 5 percent more
than a comparable nonrecycled product.

(1) Available at a price which is not more than 10 percent higher than
that of paper products made from virgin material;

(2) Of adequate quality; and

(3) Available to the purchaser within a reasonable
period.

3. If after the lowest responsive and responsible bidder
has been awarded the contract, during the term of the contract he does not
supply goods or services in accordance with the bid specifications, or if he
repudiates the contract, the governing body [of any hospital]
may reaward the contract to the next lowest responsive and responsible bidder
without requiring that new bids be submitted. Reawarding the contract to the
next lowest responsive and responsible bidder is not a waiver of any liability
of the initial bidder awarded the contract.

4. As used in this section:

(a) Post-consumer waste means a finished material which
would normally be disposed of as a solid waste having completed its life cycle
as a consumer item.

(b) Recycled paper product means all paper and
wood-pulp products containing in some combination at least 50 percent of its
total weight:

(1) Post-consumer waste; and

(2) Secondary waste,

but does not include fibrous waste generated during the
manufacturing process such as fibers recovered from waste water or trimmings of
paper machine rolls, wood slabs, chips, sawdust or other
wood residue from a manufacturing process.

(j) Motor vehicle fuel purchased by a local law
enforcement agency for use in an undercover investigation;

(k) Motor vehicle fuel for use in a vehicle operated by a
local law enforcement agency or local fire department if such fuel is not
available within the vehicles assigned service area from a fueling station
owned by the State of Nevada or a local government;

(l) Purchases made with money in a store fund for
prisoners in a jail or local detention facility for the provision and
maintenance of a canteen for the prisoners; [and]

(m) Supplies, materials or equipment that are available
from the General Services Administration or another governmental agency in the
regular course of its business[,] ; and

(n) Items
for resale through a retail outlet operated in this state by a local government
or the State of Nevada,

are not subject to the requirements of this chapter for
competitive bidding as determined by the governing body or its authorized
representative.

2. The purchase of equipment for use by a local law
enforcement agency in the course of an undercover investigation is not subject
to the requirements of this chapter for competitive bidding if:

(a) The equipment is an electronic or mechanical device
which by design is intended to monitor and document in a clandestine manner
suspected criminal activity; and

(b) Purchasing the equipment pursuant to such
requirements would limit or compromise the use of such equipment by an agency
authorized to conduct such investigations.

3. The governing body of a hospital required to comply
with the provisions of this chapter, or its authorized representative, may
purchase goods commonly used by the hospital, under a contract properly awarded
pursuant to NRS 332.065, without additional competitive bidding even if at the
time the contract was awarded:

(a) The vendor supplying such goods to the person awarded
the contract was not identified as a supplier to be used by the person awarded
the contract; or

(b) The vendor was identified as a supplier but was not
identified as the supplier of such goods.

The governing body of the hospital shall make available for
public inspection each such contract and records related to those purchases.

4. Except in cases of emergency, at least 60 days before
the expiration of an existing contract for insurance in which the local
government is the insured, the governing body shall cause to be given, by
advertising or in another manner deemed adequate and desirable by the governing
body, notice of the date the contract for insurance expires.

5. [Nothing in this section prohibits] This section does not prohibit
a governing body or its authorized representative from advertising for or
requesting bids.

Sec. 6. NRS
332.148 is hereby amended to read as follows:

332.1481. Except as otherwise provided in
subsection 2, when a governing body or its authorized representative has
advertised for or requested bids in letting a contract and no responsible bids
are received, the governing body or
its authorized representative may let the contract without
competitive bidding not less than 7 days after it publishes a notice stating
that no bids were received on the contract and that the contract may be let
without further bidding.

2. A governing body or its authorized representative
shall entertain any bid which is submitted after it publishes such notice and before
the expiration of the waiting period.

Sec. 7. NRS
332.175 is hereby amended to read as follows:

332.175When purchasing
personal property, the governing body or its authorized representative may
solicit and accept advantageous trade‑in allowances for personal property
of the public entity which has been determined by the governing body or its authorized representative to
be no longer required for public use, and may award any bid to the bidder
submitting the lowest net bid after deduction of [such] the trade‑in
allowance.

Sec. 8. NRS
332.185 is hereby amended to read as follows:

332.1851. Except as otherwise
provided in NRS 334.070, all sales or leases of personal property of the local
government must be made, as nearly as possible, under the same conditions and
limitations as required by this chapter in the purchase of personal property . [; but the]The governing body or its authorized representative may sell any such personal
property at public auction if it determines that the property is no longer
required for public use and deems such a sale desirable and in the best
interests of the local government.

or its authorized representative may sell any such personal
property at public auction if it determines
that the property is no longer required for public use and deems
such a sale desirable and in the best interests of the local government.

2. The provisions of this chapter do not apply to the
purchase, sale, lease or transfer of real property by the governing body.

Sec. 9. NRS
332.195 is hereby amended to read as follows:

332.1951. Local governments and the State of Nevada
may join or use the contracts of other local governments within this state with
the authorization of the contracting vendor. The originally contracting local
government is not liable for the obligations of the local government which
joins or uses the contract.

2. Local
governments may join or use the contracts of the State of Nevada with the
authorization of the contracting vendor. The State of Nevada is not liable for
the obligations of the local government which joins or uses the contract.

Sec. 10. Section
5 of this act becomes effective at 12:01 a.m. on October 1, 1999.

________

CHAPTER 375, SB 366

Senate Bill No.
366Committee on Government Affairs

CHAPTER 375

AN ACT relating to telephone services; extending the
prospective expiration of certain provisions concerning surcharges on telephone
services in certain counties for the enhancement of the telephone systems for
reporting emergencies in those counties; and providing other matters properly
relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sec. 6. This
act becomes effective on January 1, 1996, and expires by limitation on December
31, [1999.]2001.

Sec. 2. 1.
This act becomes effective upon passage and approval.

2. Notwithstanding the provisions of NRS 244A.7643, a
board of county commissioners that has imposed a surcharge pursuant to NRS
244A.7643 shall not impose such a surcharge on the mobile telephone service
provided to each customer of that service who resides in the county on or after
the date on which the advisory committee established in that county pursuant to
NRS 244A.7645 notifies the board of county commissioners that the enhancement
of the telephone system for reporting an emergency in that county has been
completed in such a manner that when a person reports an emergency by placing a
call on a mobile telephone, the:

(a) Identification of the person who pays for that mobile
telephone service; and

are transmitted to
the location that has been designated to receive calls that report an emergency
and to route them to the appropriate personnel for the provision of emergency
services.

3. A board of
county commissioners that has imposed a surcharge pursuant to NRS 244A.7643
shall notify in a timely manner each telephone company and supplier that
collects such a surcharge to cease collecting the surcharge:

(a) On each
access line or trunk line of each customer to the local exchange of any
telephone company providing those lines in the county on or after December 31,
2001.

(b) On the mobile
telephone service provided to each customer of that service who resides in the
county on or after the earlier of the following dates:

(1) December
31, 2001; or

(2) The date
on which the advisory committee established in that county pursuant to NRS
244A.7645 notifies the board of county commissioners of that county that the
enhancement of the telephone system for reporting an emergency in that county
has been completed in the manner described in subsection 2.

________

CHAPTER 376, SB 397

Senate Bill No.
397Senator Porter

CHAPTER 376

AN ACT relating to cooperative agreements; authorizing
certain public entities to enter into cooperative agreements for the
preservation, protection, restoration and enhancement of unique archeological
or historical sites in this state; and providing other matters properly
relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 277 of NRS is hereby amended by adding thereto the provisions
set forth as sections 2 and 3 of this act.

Sec. 2. The legislature hereby finds and
declares that:

1. There are various unique and irreplaceable sites in
this state of archeological or historical significance.

2. Certain of these sites are in danger of degradation
and destruction from the encroachment of urban development.

3. This state has a compelling interest in preserving,
protecting, restoring and enhancing these sites.

4. The preservation, protection, restoration and
enhancement of these sites is a matter of such significance that it must be
carried out on a continual basis.

5. It is in the best interest of this state to ensure
that certain public entities have continuing authority to enter into
cooperative agreements for the
preservation, protection, restoration and enhancement of such unique and
irreplaceable sites in this state.

the preservation, protection, restoration and enhancement of
such unique and irreplaceable sites in this state.

Sec. 3. 1. A public entity, in consultation
with any Indian tribe that has local aboriginal ties to the geographical area
in which a unique archeological or historical site is located and in
cooperation with the office of historic preservation of the department of
museums, library and arts, may enter into a cooperative agreement with the
owner of any property that contains a unique archeological or historical site
in this state or with any other person, agency of the Federal Government or
other public entity for the preservation, protection, restoration and
enhancement of unique archeological or historical sites in this state,
including, without limitation, cooperative agreements to:

(a) Monitor compliance with and enforce any federal or
state statutes or regulations for the protection of such sites.

(b) Ensure the sensitive treatment of such sites in a
manner that provides for their long-term preservation and the consideration of
the values of relevant cultures.

(c) Apply for and accept grants and donations for the
preservation, protection, restoration and enhancement of such sites.

(d) Create and enforce:

(1) Legal restrictions on the use of real property;
and

(2) Easements for conservation, as defined in NRS
111.410,

for the protection of such sites.

2. As used in this section, public entity means any:

(a) Agency of this state, including the
office of historic preservation; and

(b) County, city or town in this state.

________

CHAPTER 377, SB 407

Senate Bill No.
407Committee on Government Affairs

CHAPTER 377

AN ACT relating to counties; authorizing a board of
county commissioners to enter into certain agreements with respect to the
construction or remodeling of buildings and facilities; and providing other
matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 244.286 is hereby amended to read as follows:

244.2861. The board of county
commissioners of any county may enter into an agreement with a person whereby
the person agrees to construct or
remodel a building
or facility according to specifications adopted by the board of
county commissioners and thereupon enter into a lease or a lease-purchase agreement with the
board of county commissioners for that building or facility.

2. The board of county commissioners may convey property
to a person where the purpose of the conveyance is the entering into of an
agreement contemplated by subsection 1.

3. The
provisions of NRS 338.010 to 338.090, inclusive, apply to any agreement for the
construction or remodeling of
a building or facility entered into pursuant to subsection 1.

________

CHAPTER 378, SB 408

Senate Bill No.
408Committee on Government Affairs

CHAPTER 378

AN ACT relating to the residential construction tax;
revising the provisions governing the rate of the tax that may be imposed on
the development of mobile home lots; and providing other matters properly
relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 278.4973 is hereby amended to read as follows:

278.4973Mobile home [means
a vehicle without motive power designed or equipped for living purposes and to
carry property or passengers wholly on its own structure and to be drawn by a
motor vehicle.] has the meaning ascribed to it in NRS 461A.050.

Sec. 2. NRS
278.4983 is hereby amended to read as follows:

278.49831. The city council
of any city or the board of county commissioners of any county which has
adopted a master plan and recreation plan, as provided in this chapter, which
includes, as a part of the plan, future or present sites for neighborhood parks
may, by ordinance, impose a residential construction tax pursuant to this
section.

2. If imposed, the residential construction tax must be
imposed on the privilege of constructing apartment houses and residential
dwelling units and developing mobile home lots in the respective cities and
counties. The rate of the tax must not exceed :

(a) With
respect to the construction of apartment houses and residential dwelling units,
1 percent of the valuation of each building permit issued[,]
or $1,000 per residential dwelling unit , [or mobile home lot,]
whichever is less. For the purpose of the residential construction tax, the
city council of the city or the board of county commissioners of the county
shall adopt an ordinance basing the valuation of building permits on the actual
costs of residential construction in the area.

(b) With
respect to the development of mobile home lots, for each mobile home lot
authorized by a lot development permit, 80 percent of the average residential
construction tax paid per residential dwelling unit in the respective city or
county during the calendar year next preceding the fiscal year in which the lot
development permit is issued.

3. The purpose of the tax is to raise revenue to enable
the cities and counties to provide neighborhood parks and facilities for parks
which are required by the residents of those apartment houses, mobile homes and
residences.

4. An ordinance enacted pursuant to subsection 1 must
establish the procedures for collecting the tax, set its rate, and determine
the purposes for which the tax is to be used, subject to the restrictions and
standards provided in this chapter. The ordinance must, without limiting the
general powers conferred in this chapter, also include:

(a) Provisions for the creation, in accordance with the
applicable master plan, of park districts which would serve neighborhoods
within the city or county.

(b) A provision for collecting the tax at the time of issuance of a building
permit for the construction of any apartment houses[,]or residential dwelling
units , or a lot development permit for the
development of mobile home lots . [is issued.]

5. All [of the] residential construction taxes
collected pursuant to the provisions of this section and any ordinance enacted
by a city council or board of county commissioners, and all interest accrued on
the money, must be placed with the city treasurer or county treasurer in a
special fund. Except as otherwise provided in subsection 6, the money in the
fund may only be used for the acquisition, improvement and expansion of
neighborhood parks or the installation of facilities in existing or
neighborhood parks in the city or county. Money in the fund must be expended
for the benefit of the neighborhood from which it was collected.

6. If a neighborhood park has not been developed or
facilities have not been installed in an existing park in the park district
created to serve the neighborhood in which the subdivision or development is
located within 3 years after the date on which 75 percent of the residential
dwelling units authorized within that subdivision or development first became
occupied, all money paid by the subdivider or developer, together with interest
at the rate at which the city or county has invested the money in the fund,
must be refunded to the owners of the lots in the subdivision or development at
the time of the reversion on a pro rata basis.

7. The limitation of time established pursuant to
subsection 6 is suspended for any period, not to exceed 1 year, during which
this state or the Federal Government takes any action to protect the
environment or an endangered species which prohibits, stops or delays the
development of a park or installation of facilities.

8. For the purposes of this section:

(a) Facilities means turf, trees, irrigation,
playground apparatus, playing fields, areas to be used for organized amateur
sports, play areas, picnic areas, horseshoe pits and other recreational
equipment or appurtenances designed to serve the natural persons, families and
small groups from the neighborhood from which the tax was collected.

(b) Neighborhood park means a site not exceeding 25
acres, designed to serve the recreational and outdoor needs of natural persons,
families and small groups.

Sec. 3. 1.
This section and section 1 of this act become effective on July 1, 1999.

2. Section 2 of
this act becomes effective at 12:01 a.m. on July 1, 1999.

________

CHAPTER 379, SB 421

Senate Bill No.
421Committee on Judiciary

CHAPTER 379

AN ACT relating to public health; establishing certain
requirements related to smoking in certain public areas of grocery stores;
providing a penalty; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
202 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A store that is principally devoted
to the sale of food for human consumption off the premises may allow the
smoking of tobacco in a public area of the store that is leased to or operated
by a person who is licensed pursuant to NRS 463.160 if:

(a) The entire interior public area of
the store is 10,000 square feet or less; or

(b) The area:

(1) Is segregated from the other public
areas of the store by two or more walls or partial walls, or any combination thereof,
in a configuration that includes at least one corner; and

(2) Contains a method of ventilation
which substantially removes smoke from the area.

2. Except as otherwise provided in
subsection 3, until January 1, 2010, a store that is principally devoted to the
sale of food for human consumption off the premises may allow the smoking of
tobacco in a public area of the store that is leased to or operated by a person
who is licensed pursuant to NRS 463.160 if the store was constructed before
October 1, 1999, or received final approval for construction before October 1,
1999. On or after January 1, 2010, such a store may allow smoking in that
public area only if the area contains a method of ventilation which
substantially removes smoke from the area.

3. If at any time before January 1,
2010, a store described in subsection 2 remodels 25 percent or more of the
square footage of the entire public area within the store, the store may
continue to allow the smoking of tobacco in a public area of the store that is
leased to or operated by a person who is licensed pursuant to NRS 463.160 only
if the store includes as part of the remodel a method of ventilation which
substantially removes smoke from the area.

4. For the purposes of this section,
partial wall or wall may include, without limitation, one or more gaming
devices, as defined in NRS 463.0155, if the gaming devices are configured
together or in conjunction with other
structures to create a barrier that is similar to a partial wall or wall.

with other structures to create a barrier that is similar to
a partial wall or wall.

Sec. 2. NRS
202.249 is hereby amended to read as follows:

202.2491. It is the public policy of the State of Nevada and the
purpose of NRS 202.2491 and 202.2492 and section 1 of this act to place
restrictions on the smoking of tobacco in public places to protect human health
and safety.

2. The quality of air is declared to be affected with
the public interest and NRS 202.2491 and 202.2492 and section 1 of this act are enacted in the
exercise of the police power of this state to protect the health, peace, safety
and general welfare of its people.

3. Health authorities, police officers of cities or
towns, sheriffs and their deputies and other peace officers of this state
shall, within their respective jurisdictions, enforce the provisions of NRS
202.2491 and 202.2492[.] and section 1 of this act.
Police officers of cities or towns, sheriffs and their deputies and other peace
officers of this state shall, within their respective jurisdictions, enforce
the provisions of NRS 202.2493 and 202.2494.

4. An agency,
board, commission or political subdivision of this state, including any agency,
board, commission or governing body of a local government, shall not impose
more stringent restrictions on the smoking, use, sale, distribution, marketing,
display or promotion of tobacco or products made from tobacco than are provided
by NRS 202.2491, 202.2492, 202.2493 and 202.2494[.] and section 1 of this act.

Sec. 3. NRS
202.2491 is hereby amended to read as follows:

202.24911. Except as
otherwise provided in subsections 5 and 6, and section 1 of this act, the smoking of
tobacco in any form is prohibited if done in any:

(a) Public elevator.

(b) Public building.

(c) Public waiting room, lobby or hallway of any:

(1) Medical facility or facility for the dependent
as defined in chapter 449 of NRS; or

(e) Public area of a store principally devoted to the
sale of food for human consumption off the premises . [, except in those areas
leased to or operated by a person licensed pursuant to NRS 463.160.]

(f) Child care facility.

(g) Bus used by the general public, other than a
chartered bus, or in any maintenance facility or office associated with a bus
system operated by any regional transportation commission.

(h) School bus.

2. The person in control of an area listed in paragraph
(c), (d), (e), (f) or (g) of subsection 1:

(a) Shall post in the area signs prohibiting smoking in
any place not designated for that purpose as provided in paragraph (b).

(b) May designate separate rooms or portions of the area
which may be used for smoking[.] , except for a room or portion of the
area of a store described in paragraph (e) of subsection 1 if the room or
portion of the area:

(1) Is
leased to or operated by a person licensed pursuant to NRS 463.160; and

(2) Does
not otherwise qualify for an exemption set forth in section 1 of this act.

3. The person in control of a public building:

(a) Shall post in the area signs prohibiting smoking in
any place not designated for that purpose as provided in paragraph (b).

(b) Shall, except as otherwise provided in this
subsection, designate a separate area which may be used for smoking.

A school district which prohibits the use of tobacco by
pupils need not designate an area which may be used by the pupils to smoke.

4. The operator of a restaurant with a seating capacity
of 50 or more shall maintain a flexible nonsmoking area within the restaurant
and offer each patron the opportunity to be seated in a smoking or nonsmoking
area.

5. A business which derives more than 50 percent of its
gross receipts from the sale of alcoholic beverages or 50 percent of its gross
receipts from gaming operations may be designated as a smoking area in its
entirety by the operator of the business.

6. The smoking of tobacco is not prohibited in:

(a) Any room or area designated for smoking pursuant to
paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

(b) A licensed gaming establishment. A licensed gaming
establishment may designate separate rooms or areas within the establishment
which may or may not be used for smoking.

7. The person in control of a child care facility shall
not allow children in any room or area he designates for smoking pursuant to
paragraph (b) of subsection 2. Any such room or area must be sufficiently
separate or ventilated so that there are no irritating or toxic effects of
smoke in the other areas of the facility.

8. As used in this section:

(a) Child care facility means an establishment licensed
pursuant to chapter 432A of NRS to provide care for 13 or more children.

(b) Licensed gaming establishment has the meaning
ascribed to it in NRS 463.0169.

(c) Public building means any building or office space
owned or occupied by:

(1) Any component of the University and Community
College System of Nevada and used for any purpose related to the system.

(2) The State of Nevada and used for any public
purpose, other than that used by the department of prisons to house or provide
other services to offenders.

(3) Any county, city, school district or other
political subdivision of the state and used for any public purpose.

If only part of a building is owned or occupied by an entity
described in this paragraph, the term means only that portion of the building
which is so owned or occupied.

(d) School bus has the meaning ascribed to it in NRS
483.160.

Sec. 4. NRS
202.2492 is hereby amended to read as follows:

202.24921. A person who violates NRS 202.2491 or section 1 of this act is
guilty of a misdemeanor.

2. In each health district, the district health officer
shall, and, for areas of this state which are not within a health district, the
state health officer shall, designate one or more of his employees to prepare,
sign and serve written citations on persons accused of violating NRS 202.2491[.] or section 1 of this act.
Such an employee:

(a) May exercise the authority to prepare, sign and serve
those citations only within the geographical jurisdiction of the district or
state health officer by which he is employed; and

(b) Shall comply with the provisions of NRS 171.1773.

Sec. 5. NRS
202.24925 is hereby amended to read as follows:

202.249251. In addition to any criminal penalty, a person who
violates NRS 202.2491 or section 1
of this act is liable for a civil penalty of $100 for each
violation.

2. A health authority within whose jurisdiction a
violation of NRS 202.2491 or
section 1 of this act is committed shall:

(a) Collect the civil penalty, and may commence a civil
proceeding for that purpose; and

(b) Deposit any money he collects pursuant to this
section with the state treasurer for credit to the account for health education
for minors, which is hereby created in the state general fund.

3. The superintendent of public instruction:

(a) Shall administer the account for health education for
minors; and

(b) May, with the advice of the state health officer,
expend money in the account only for programs of education for minors regarding
human health.

4. The interest and income earned on the money in the
account for health education for minors, after deducting any applicable
charges, must be credited to the account.

5. All claims
against the account for health education for minors must be paid as other
claims against the state are paid.

Sec. 6. The
amendatory provisions of this act do not apply to offenses that were committed
before October 1, 1999.

________

κ1999
Statutes of Nevada, Page 1695κ

CHAPTER 380, SB 439

Senate Bill No.
439Committee on Commerce and Labor

CHAPTER 380

AN ACT relating to accountants; revising provisions
governing the qualifications and examination of applicants for certificates of
certified public accounting; making various changes relating to the
professional conduct of companies practicing certified public accounting or public
accounting; revising provisions governing the organizational structure of
companies practicing certified public accounting or public accounting;
prohibiting the secretary of state from accepting for filing certain articles
of incorporation or amendments thereto that contain certain words relating to
accounting; repealing certain prohibited acts; and providing other matters
properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
628.033 is hereby amended to read as follows:

628.033State [includes] means any state , territory or possession of
the United States and the District of Columbia.

Sec. 2. NRS
628.160 is hereby amended to read as follows:

628.1601. The board may by
regulation adopt and amend rules of professional conduct appropriate to
establish and maintain a high standard of quality, integrity and dignity in the
profession of public accountancy.

2. In addition to the requirements of chapter 233B of
NRS, the board shall, at least 60 days before the adoption of any such rule or
amendment, mail copies of the proposed rule or amendment to each holder of a
live permit ,[issued
pursuant to NRS 628.380,] to the address shown in the records
of the board, together with a notice advising him of the date, time and place
of the hearing on the proposed rule or amendment and requesting that he submit
his comments thereon at least 15 days before the hearing. The comments are
advisory only. Failure by inadvertence or error to mail the rule, amendment or
notice to each holder of a permit does not affect the validity of any rule or
amendment if the board has made an effort in good faith to mail the notice to
all holders of permits.

3. The board may adopt regulations concerning the
professional conduct of corporations ,[and] partnerships and limited-liability companies practicing
certified public accounting or public accounting which it deems consistent with
or required by the public welfare, including regulations:

(a) Governing the style, name and title of [such
corporations and partnerships.] the corporations, partnerships and limited-liability
companies.

(b) Governing the affiliation of [such corporations and] the corporations,
partnerships and limited-liability
companies with any other organizations.

Sec. 3. NRS
628.190 is hereby amended to read as follows:

628.190[The]

1. Except
as otherwise provided in this section and NRS 628.310, a
certificate of certified public accountant must be granted by the board to any
person who:

[1.] (a) Is a resident of this state or, if not a
resident, has designated to the board an agent who is a resident for
notification and service of process;

[2.] (b) Is a person [of fiscal integrity]
who is without any history of acts involving dishonesty or moral turpitude;

[3. Meets]

(c) Complies
with the requirements of education and experience as provided in
NRS 628.200; [and

4. Has
passed a written examination selected by the board containing the following
sections:

(a) Business
law and professional responsibilities;

(b) Auditing;

(c) Accounting
and reporting, including taxation, managerial accounting and auditing for
governmental and nonprofit organizations;

(d) Financial
accounting and reporting, including for business enterprises; and

(e) Other
related sections that the board determines to be appropriate.]

(d) Has
submitted to the board a complete set of his fingerprints and written
permission authorizing the board to forward the fingerprints to the central
repository for Nevada records of criminal history for submission to the Federal
Bureau of Investigation for its report; and

(e) Has
passed the examination prescribed by the board.

2. The board may refuse to grant a
certificate of certified public accountant to an applicant if he has been
convicted of a felony under the laws of any state or of the United States.

3. The board may issue a provisional certificate to an
applicant until the board receives the report from the Federal Bureau of
Investigation.

Sec. 4. NRS
628.200 is hereby amended to read as follows:

628.2001. [The]Except as otherwise provided in
subsection 4, the requirement of education for a certificate of
certified public accountant is at least 150 semester hours or an equivalent
number of quarter hours and includes a baccalaureate degree or an equivalent
degree from a college or university recognized by the board:

(a) With a major in accounting, or what the board
determines to be substantially the equivalent of a major in accounting; or

(b) With a major other than accounting supplemented by
what the board determines to be substantially the equivalent of an accounting
major, including related courses in other areas of business administration.

2. The requirement for experience for a certificate of
certified public accountant is:

(a) Two years of public accounting experience ; [, including, but in no
way limited to, attesting while in practice as a certified public accountant, a
registered public accountant, a staff accountant employed by a person who is
licensed to practice public accounting or any combination of these types of
experience;] or

(b) Experience in internal auditing work or governmental
accounting and auditing work of a character and for a length of time sufficient
in the opinion of the board to be substantially equivalent to the requirements
of paragraph (a).

(1) The
number of semester hours or an equivalent number of quarter hours in accounting
and other courses required by an applicant to satisfy the requirements of
subsection 1.

(2) The
public accounting experience, internal auditing work, and governmental
accounting and auditing work required by an applicant to satisfy the
requirements of subsection 2.

(b) May provide by regulation for the substitution of
qualified programs of continuing education to satisfy partially the requirement
of experience described in paragraph (b) of subsection 2 or may add any program
to the requirement of experience.

4. Notwithstanding
any provision of this section to the contrary, an applicant for a certificate
of certified public accountant who has received conditional credit pursuant to
NRS 628.260 for passing sections of the examination required for a certificate,
and who applies that credit to his subsequent passage of the examination, is
subject to the educational requirements to receive a certificate that were in
effect on the date on which he first received the conditional credit.

Sec. 5. NRS
628.230 is hereby amended to read as follows:

628.2301. The [examinations
described in NRS 628.190] examination prescribed by the board must be
conducted by the board [and take place as often as the board finds desirable, but not
less frequently] not less than once each year.

2. The board shall prescribe by regulation the methods
of applying for [examination and for] and conducting the examination, including the
grading of papers and the determination of passing grades. The board may [make
such use of]
use all or any part of the Uniform Certified Public Accountants
Examination and Advisory Grading Service as it deems appropriate to assist it
in performing its duties hereunder.

Sec. 5.3. NRS
628.240 is hereby amended to read as follows:

628.240A candidate for a
certificate of certified public accountant, who has met the educational
requirements as provided in NRS 628.200, is eligible to take the examination
without waiting until he meets the requirements of experience if he also meets
the requirements of [subsections 1 and 2] paragraphs (a) and (b) of subsection 1 of NRS
628.190.

Sec. 5.5. NRS
628.260 is hereby amended to read as follows:

628.2601. The board may by
regulation prescribe the terms and conditions under which a candidate:

(a) Must pass all sections of the examination [indicated
in]prescribed
by the board pursuant to NRS 628.190 [in order]
to qualify for a certificate.

(b) Who ,
at any given examination , passes
two or more sections, but not all sections, may receive conditional credit for
the sections passed, and need not sit for re-examination in those sections. The
board may by regulation:

(1) Provide minimum grades for each section not
passed in order to receive credit for those passed;

(2) Provide a limit on the time in which each
candidate must pass all sections of the examination or lose any credit
received; and

(3) Require a candidate to sit for all sections of
the examination which he did not pass in a previous examination.

2. The board may give credit to a candidate who has
passed all or part of the examination in another state or other jurisdiction of
the United States, if the certified public accountant members of the board have
determined by regulation that the standards under which the examination was
held are as high as the standards established for the examination required by
this chapter.

Sec. 5.7. NRS
628.280 is hereby amended to read as follows:

628.2801. The board shall
charge each candidate for a certificate of certified public accountant a fee to
be determined by the board by regulation for the initial examination [provided
for in]prescribed
by the board pursuant to NRS 628.190.

2. Fees for re-examinations under NRS 628.190 must also
be charged by the board in amounts determined by it by regulation for each
section of the examination in
which the candidate is re-examined.

3. The applicable fee must be paid by the candidate at
the time he applies for examination or re-examination.

4. The board
shall charge each candidate for a certificate of certified public accountant a
fee to be determined by the board by regulation for review and inspection of
his examination paper.

Sec. 6. NRS
628.310 is hereby amended to read as follows:

628.3101. The board may waive the examination , the requirements for education or the
requirements for experience, or any combination thereof, required under
NRS 628.190, and may issue a certificate as a certified public accountant to
any person who is the holder of a certificate as a certified public accountant
then in effect issued under the laws of any state or other jurisdiction of the
United States approved by the board, constituting a recognized qualification
for the practice of public accounting comparable to that of a certified public
accountant of this state, state [,and who:

1. Possesses
the qualifications set forth in subsection 3 of NRS 628.190 which were in
effect in this state on the date on which he received his original certificate;
and

2. Either possesses the qualifications set forth in
subsection 4 of NRS 628.190, which were in effect in this state on the date on
which he received his original certificate, or has:

(a) Passed]if:

(a) The person has passed an examination
that is substantially the same as the examination [required by subsection 4
of NRS 628.190; and

(b) Experience] conducted pursuant to NRS 628.230 with
a grade that would have been a passing grade in this state on the date on which
he received his original certificate;

(b) The person has experienceinthe practice of public accountancy, either as a certified public
accountant or as a staff accountant employed by or under the direct supervision of a person
who is a certified public accountant, while holding a certificate as a
certified public accountant for more than [5] 4 of the 10 years
immediately preceding his making application pursuant to this chapter [.] ; and

(c) The
requirements for education of the state or other jurisdiction from which the
person received his original certificate were substantially equivalent to the
requirements for education of this state on the date on which the person
received his original certificate.

2. The board may waive the examination,
the requirements for education or the requirements for experience, or any
combination thereof, under NRS 628.190, and may issue a certificate as a
certified public accountant to any person who is the holder of an equivalent
certificate then in effect issued by a foreign country if:

(a) Persons who are certified as public accountants in
this state are granted similar privileges by the foreign country in which the
applicant is certified;

(b) The applicants certificate:

(1) Was issued by the appropriate
authority that regulates the practice of public accountancy in the foreign
country in which the certificate was issued;

(2) Has not expired or been revoked or
suspended; and

(3) Authorizes the applicant to issue
reports upon financial statements;

(c) The requirements for education and
examination of the regulatory authority of the foreign country were
substantially equivalent to the requirements for education and examination of
this state on the date on which the applicant received his certificate;

(d) The applicant:

(1) Complied with requirements for
experience in the foreign country in which the certificate was issued that are
substantially equivalent to the requirements set forth in NRS 628.200; or

(2) Has completed in this state at least
4 years of public accounting experience, or equivalent experience determined to
be appropriate by the board, within the 10 years immediately preceding his
making application for certification in this state;

(e) The applicant has passed a written
examination on national standards for public accounting and ethics that is
acceptable to the board; and

(f) The applicant submits with his
application a list of all jurisdictions in which he has applied for and
received a certificate to practice public accounting.

3. A person who is granted a
certificate as a certified public accountant pursuant to subsection 2 shall
notify the board, in writing, within 30 days after:

(a) He is issued an equivalent
certificate to practice public accounting by another jurisdiction or is denied
the issuance of such a certificate;

(b) A certificate to practice public
accounting issued to him by another jurisdiction is revoked or suspended; or

(c) Another jurisdiction in which he is
certified to practice public accounting commences any type of disciplinary
action against him.

Sec. 6.5. NRS
628.325 is hereby amended to read as follows:

628.3251. One or more natural
persons may organize a corporation for the practice of public accounting under
the Professional Corporations and Associations Act, chapter 89 of NRS. The
corporation is not required to have more directors than shareholders, but at
least one director must be a shareholder. The other directors need not, but
may, be shareholders.

(b) Qualify to do business as a foreign corporation
pursuant to chapter 80 of NRS;

(c) Organize a limited-liability company pursuant to
chapter 86 of NRS; or

(d) Register as a foreign limited-liability company
pursuant to chapter 86 of NRS,

to practice public accounting.

3. The organization, qualification or registration of a
corporation or company pursuant to subsection 2:

(a) Does not modify:

(1) The relationship between an accountant and a
client;

(2) The liability arising out of that relationship;
or

(3) The compliance of the corporation or company
with this chapter or any regulations adopted pursuant thereto.

(b) Does not render:

(1) A person liable in tort for any act in which he
has not personally participated.

(2) The manager, a member or an employee of a
limited-liability company liable in contract for any contract which he executes
on behalf of a limited-liability company within the limits of his authority.

4. Notwithstanding
any specific statute to the contrary, a simple majority of the ownership of a
corporation, partnership or limited-liability company organized for the
practice of public accounting in this state, in terms of the financial
interests and voting rights of all shareholders, partners, officers, members
and principals thereof, must belong to persons who are certified public
accountants in any state or registered public accountants in this state. Each shareholder,
partner, officer, member or principal whose principal place of business is in
this state and who performs professional services in this state must be:

(a) If the
corporation, partnership or limited-liability company registered with the board
is a corporation, partnership or limited-liability company of certified public
accountants, a certified public accountant in this state in good standing; and

(b) If the
corporation, partnership or limited-liability company registered with the board
is a corporation, partnership or limited-liability company of public
accountants, a certified public accountant or registered public accountant in
this state in good standing.

5. A
corporation, partnership or limited-liability company organized for the practice
of public accounting in this state may have as a shareholder, partner, officer,
member or principle any natural person who is not a certified public accountant
in any state or a registered public accountant in this state if:

(a) The
natural person is actively engaged in the business of the corporation,
partnership or limited-liability company, or any affiliate thereof; and

(b) The corporation, partnership or limited-liability
company complies with any other requirements that the board by regulation may impose.

628.3431. A corporation
organized for the practice of public accounting shall register with the board
as a corporation of certified public accountants and comply with the following
requirements:

(a) The sole purpose and business of the corporation must
be to furnish to the public services not inconsistent with this chapter or the
regulations of the board, except that the corporation may invest its money in a
manner not incompatible with the practice of public accounting.

(b) [Each shareholder of the corporation must be a certified
public accountant of some state in good standing, and be principally employed
by the corporation or actively engaged in its business. No other person may
have any interest in the stock of the corporation.] The
principal officer of the corporation and any officer or director having
authority over the practice of public accounting by the corporation must be a
certified public accountant of some state in good standing.

(c) At least one shareholder of the corporation must be a
certified public accountant of this state in good standing.

(d) Each manager in charge of an office of the
corporation in this state and each shareholder or director who is regularly and
personally engaged within this state in the practice of public accounting must
be a certified public accountant of this state in good standing.

(e) In order to facilitate compliance with the provisions
of this section relating to the ownership of stock, there must be a written
agreement binding the shareholders or the corporation to purchase any shares
offered for sale by, or not under the ownership or effective control of, a
qualified shareholder. The corporation may retire any amount of stock for this
purpose, notwithstanding any impairment of its capital, so long as one share
remains outstanding.

(f) The corporation shall comply with other regulations
pertaining to corporations practicing public accounting in this state adopted
by the board.

2. Application for registration must be made upon the
affidavit of a shareholder who holds a live permit to practice in this state as
a certified public accountant. The board shall determine whether the applicant
is eligible for registration and may charge an initial fee and an annual
renewal fee set by the board by regulation. A corporation which is so
registered may use the words certified public accountants or the abbreviation
C.P.A.s or CPAs in connection with its corporate name. Notice must be
given to the board within 1 month after the admission to or withdrawal of a
shareholder from any corporation so registered.

Sec. 8. NRS
628.345 is hereby amended to read as follows:

628.3451. A limited-liability
company organized for the practice of public accounting shall register with the
board as a limited-liability company of certified public accountants and comply
with the following requirements:

(a) The sole purpose and business of the
limited-liability company must be to furnish to the public services not
inconsistent with this chapter or the regulations of the board, except that the
limited-liability company may invest its money in a manner not incompatible
with the practice of public accounting.

(b) [Each member of the limited-liability company must be a
certified public accountant of some state in good standing, and be principally
employed by the limited-liability company or actively engaged in its business.
No other person may have any interest in the limited-liability company.]
The manager, if any, of the limited-liability company must be a certified
public accountant of some state in good standing.

(c) At least one member of the limited-liability company
must be a certified public accountant of this state in good standing.

(d) Each person in charge of an office of the
limited-liability company in this state and each member who is regularly and
personally engaged within this state in the practice of public accounting must
be a certified public accountant of this state in good standing.

(e) In order to facilitate compliance with the provisions
of this section relating to the ownership of interests, there must be a written
agreement binding the members or the limited-liability company to purchase any
interest offered for sale by, or not under the ownership or effective control
of, a qualified member.

(f) The limited-liability company shall comply with other
regulations pertaining to limited-liability companies practicing public
accounting in this state adopted by the board.

2. Application for registration must be made upon the
affidavit of the manager or a member of the limited-liability company. The
affiant must hold a live permit to practice in this state as a certified public
accountant. The board shall determine whether the applicant is eligible for
registration and may charge an initial fee and an annual renewal fee set by the
board by regulation. A limited-liability company which is so registered may use
the words certified public accountants or the abbreviation C.P.A.s or
CPAs in connection with its name. Notice must be given to the board within 1
month after the admission to or withdrawal of a member from any
limited-liability company so registered.

Sec. 9. NRS
628.363 is hereby amended to read as follows:

628.3631. A corporation
organized for the practice of public accounting shall register with the board
as a corporation of public accountants and comply with the following
requirements:

(a) The sole purpose and business of the corporation must
be to furnish to the public services not inconsistent with this chapter or the
regulations of the board, except that the corporation may invest its money in a
manner not incompatible with the practice of public accounting.

(b) [Each shareholder of the corporation must be a certified
public accountant in any state or a public accountant of this state in good
standing, and be principally employed by the corporation or actively engaged in
its business. No other person may have any interest in the stock of the
corporation.] The principal officer of the corporation and
any officer or director having authority over the practice of public accounting
by the corporation must be a certified public accountant or registered public
accountant of this state in good standing.

(c) Each manager in charge of an office of the
corporation in this state must be a certified public accountant or a registered
public accountant of this state in good standing.

(d) In order to facilitate compliance with the provisions
of this section relating to the ownership of stock, there must be a written
agreement binding the shareholders or the corporation to purchase any shares
offered for sale by, or not under the ownership or effective control of, a
qualified shareholder. The corporation may retire any amount of stock for this
purpose, notwithstanding any impairment of its capital, so long as one share
remains outstanding.

(e) The corporation shall comply with other regulations
pertaining to corporations practicing public accounting in this state adopted
by the board.

2. Application for registration must be made upon the
affidavit of a shareholder who holds a live permit to practice in this state as
a certified public accountant or as a registered public accountant. The board
shall determine whether the applicant is eligible for registration. The board
may charge a registration fee and renewal fee and a reporting fee in an amount
set by regulation. A corporation which is so registered may use the words
public accountants in connection with its corporate name. Notice must be
given to the board within 1 month after the admission to or withdrawal of a
shareholder from any corporation so registered.

Sec. 10. NRS
628.365 is hereby amended to read as follows:

628.3651. A limited-liability
company organized for the practice of public accounting shall register with the
board as a limited-liability company of public accountants and comply with the
following requirements:

(a) The sole purpose and business of the
limited-liability company must be to furnish to the public services not
inconsistent with this chapter or the regulations of the board, except that the
limited-liability company may invest its money in a manner not incompatible
with the practice of public accounting.

(b) [Each member of the limited-liability company must be a
certified public accountant in any state or a public accountant of this state
in good standing, and be principally employed by the limited-liability company
or actively engaged in its business. No other person may have any interest in
the limited-liability company.] The manager, if any, of
the limited-liability company must be a certified public accountant or
registered public accountant of this state in good standing.

(c) Each person in charge of an office of the
limited-liability company in this state must be a certified public accountant
or a registered public accountant of this state in good standing.

(d) In order to facilitate compliance with the provisions
of this section relating to the ownership of interests, there must be a written
agreement binding the members or the limited-liability company to purchase any
interest offered for sale by, or not under the ownership or effective control
of, a qualified member.

(e) The limited-liability company shall comply with other
regulations pertaining to limited-liability companies practicing public
accounting in this state adopted by the board.

2. Application for registration must be made upon the
affidavit of the manager or a member of the limited-liability company. The
affiant must hold a live permit to practice in this state as a certified public
accountant or as a registered public accountant. The board shall determine
whether the applicant is eligible for registration.

is eligible for registration. The board may charge a
registration fee and renewal fee and a reporting fee in an amount set by
regulation. A limited-liability company which is so registered may use the
words public accountants in connection with its name. Notice must be given to
the board within 1 month after the admission to or withdrawal of a member of a
limited-liability company so registered.

Sec. 11. NRS
628.380 is hereby amended to read as follows:

628.3801. Permits to engage
in the practice of public accounting in this state must be issued by the board
to holders of the certificate of certified public accountant issued under NRS
628.190 to 628.310, inclusive, and to registered public accountants registered
or licensed pursuant to NRS 628.350, if all offices of the certificate holder
or registrant are maintained and registered as required under NRS 628.370, and
if the certificate holder or registrant has complied with the continuing
education requirements provided in this chapter and in the boards regulations.

2. All permits expire on December 31 of each year and
may be renewed annually for a period of 1 year by certificate holders and
registrants in good standing upon payment of an annual renewal fee set by the
board by regulation.

3. Failure of a certificate holder or registrant to
apply for an annual permit to practice [within:

(a) Three
years after the expiration date of the permit to practice last obtained or
renewed; or

(b) Three
years after the date upon which the certificate holder or registrant was
granted his certificate or registration, if no permit was ever issued to him,]
deprives him of the right to a permit, unless the board, in its discretion,
determines that the failure was caused by excusable neglect.

4. The board shall adopt a regulation specifying the fee
for issuance or renewal of a permit more than [3 years] 1 year after the
expiration of a previous permit or granting of a certificate or registration.

5. The board may provide by regulation for the placing
of certificates and registrations in a retired or inactive status. The
regulation may provide for a procedure for applying for retired or inactive
status and for applying to return to active status, and must specify fees, if
any, to accompany the applications.

Sec. 12. NRS
628.390 is hereby amended to read as follows:

628.3901. After giving notice
and conducting a hearing, the board may revoke, or may suspend for a period of
not more than 5 years, any certificate issued under NRS 628.190 to 628.310,
inclusive, any registration or license granted to a registered public
accountant under NRS 628.350, or any registration of a partnership,
corporation, limited-liability company or office, or may revoke, suspend or
refuse to renew any permit issued under NRS 628.380, or may censure the holder
of any permit, for any one or any combination of the following causes:

(a) Fraud or deceit in obtaining a certificate as
certified public accountant, or in obtaining registration or a license as a
public accountant under this chapter, or in obtaining a permit to practice
public accounting under this chapter.

(b) Dishonesty, fraud or gross negligence by a certified
or registered public accountant in the practice of public accounting or, if not
in the practice of public accounting, of a kind which adversely affects the
ability to perform public accounting.

(c) Violation of any of the provisions of this chapter.

(d) Violation of a regulation or rule of professional
conduct adopted by the board under the authority granted by this chapter.

(e) Conviction of a felony under the laws of any state or
of the United States.

(f) Conviction of any crime, an element of which is dishonesty
or fraud, under the laws of any state or of the United States.

(g) Cancellation, revocation, suspension or refusal to
renew authority to practice as a certified public accountant or a registered
public accountant by any other state, for any cause other than failure to pay
an annual registration fee or to comply with requirements for continuing
education or review of his practice in the other state.

(h) Suspension or revocation of the right to practice
before any state or federal agency.

(i) Unless the person has been placed on inactive or
retired status, failure to obtain an annual permit under NRS 628.380, within:

(1) One year after the expiration date of the permit
to practice last obtained or renewed by the certificate holder or registrant;
or

(2) One year after the date upon which the
certificate holder or registrant was granted his certificate or registration,
if no permit was ever issued to him, unless the failure has been excused by the
board.

(j) Conduct discreditable to the profession of public
accounting or which reflects adversely upon the fitness of the person to engage
in the practice of public accounting.

(k) Making a
false or misleading statement in support of an application for a certificate,
registration or permit of another person.

2. In addition to other penalties prescribed by this
section, the board may impose a civil penalty of not more than $5,000 for each
violation. The board may recover:

(a) Attorneys fees and costs incurred in respect to a
hearing held pursuant to subsection 1 from a licensee if he is found in
violation thereof; and

(b) Attorneys fees and costs incurred in the recovery of
a civil penalty imposed.

Sec. 12.5. NRS
628.510 is hereby amended to read as follows:

628.5101. Except as otherwise
provided in subsection 2, a person shall not sign or affix his name or the name
of a partnership, corporation or limited-liability company, or any trade or
assumed name used by him or by the partnership, corporation or
limited-liability company in business, with any wording indicating that he is
an accountant or auditor, or that the partnership, corporation or
limited-liability company is authorized to practice as an accountant or auditor
or with any wording indicating that he or the partnership, corporation or limited-liability
company has expert knowledge in accounting or auditing, to any accounting or
financial statement, or attest to any accounting or financial statement, unless
he holds a live permit, or the partnership, corporation or limited-liability
company is registered pursuant to NRS 628.340, 628.343,
628.345, 628.360, 628.363 or 628.365 and all of his offices in this state for
the practice of public accounting are maintained and registered under NRS
628.370.

NRS 628.340, 628.343, 628.345, 628.360, 628.363 or 628.365
and all of his offices in this state for the practice of public accounting are
maintained and registered under NRS 628.370.

2. The provisions of subsection 1 do not prohibit:

(a) Any officer, employee, partner, principal or member
of any organization from affixing his signature to any statement or report in
reference to the financial affairs of that organization with any wording
designating the position, title or office which he holds in the organization.

(b) Any act of a public official or public employee in
the performance of his duties as such.

(c) Any
person who does not hold a live permit from preparing a financial statement or
issuing a report if the statement or report, respectively, includes a
disclosure that:

(1) The
person who prepared the statement or issued the report does not hold a live
permit issued by the board; and

(2) The statement or report does not purport to
have been prepared in compliance with the professional standards of accounting
adopted by the board.

Sec. 13. NRS
78.045 is hereby amended to read as follows:

78.0451. The secretary of
state shall not accept for filing any articles of incorporation or any
certificate of amendment of articles of incorporation of any corporation formed
pursuant to the laws of this state which provides that the name of the
corporation contain the word bank or trust, unless:

(a) It appears from the articles or the certificate of
amendment that the corporation proposes to carry on business as a banking or
trust company, exclusively or in connection with its business as a bank or
savings and loan association; and

(b) The articles or certificate of amendment is first
approved by the commissioner of financial institutions.

2. The secretary of state shall not accept for filing
any articles of incorporation or any certificate of amendment of articles of
incorporation of any corporation formed pursuant to the provisions of this
chapter when it appears from the articles or the certificate of amendment that
the business to be carried on by the corporation is subject to supervision by
the commissioner of insurance or by the commissioner of financial institutions,
unless the articles or certificate of amendment is first approved by the
commissioner who will be supervising the business of the corporation.

3. Except as otherwise provided in subsection [4,] 5, the secretary of state
shall not accept for filing any articles of incorporation or any certificate or
amendment of articles of incorporation of any corporation formed pursuant to
the laws of this state if the name of the corporation contains the words
engineer, engineered, engineering, professional engineer or licensed
engineer unless:

(a) The state board of professional engineers and land
surveyors certifies that the principals of the corporation are licensed to
practice engineering pursuant to the laws of this state; or

(b) The state board of professional engineers and land
surveyors certifies that the corporation is exempt from the prohibitions of NRS
625.520.

4. The secretary of state shall not accept
for filing any articles of incorporation or any certificate of amendment of
articles of incorporation of any corporation formed pursuant to the laws of
this state which provides that the name of the corporation contain the words
accountant, accounting, accountancy, auditor or auditing unless the
Nevada state board of accountancy certifies that the corporation:

(a) Is registered pursuant to the provisions of chapter
628 of NRS; or

(b) Has
filed with the state board of accountancy under penalty of perjury a written
statement that the corporation is not engaged in the practice of accounting and
is not offering to practice accounting in this state.

5. The
provisions of subsection 3 do not apply to any corporation, whose securities
are publicly traded and regulated by the Securities Exchange Act of 1934, which
does not engage in the practice of professional engineering.

[5.] 6. The commissioner of financial
institutions and the commissioner of insurance may approve or disapprove the
articles or amendments referred to them pursuant to the provisions of this
section.

Sec. 14. NRS
80.010 is hereby amended to read as follows:

80.0101. Before commencing or
doing any business in this state, [every] each corporation
organized pursuant to the laws of another state, territory, the District of
Columbia, a [dependency] possession of the United States or a foreign
country, that enters this state to do business must:

(a) File in the office of the secretary of state of this
state:

(1) A certificate of corporate existence issued not
more than 90 days before the date of filing by an authorized officer of the
jurisdiction of its incorporation setting forth the filing of documents and
instruments related to the articles of incorporation, or the governmental acts
or other instrument or authority by which the corporation was created. If the
certificate is in a language other than English, a translation, together with
the oath of the translator and his attestation of its accuracy, must be
attached to the certificate.

(2) A certificate of acceptance of appointment
executed by its resident agent, who must be a resident or located in this
state. The certificate must set forth the name of the resident agent, his
street address for the service of process, and his mailing address if different
from his street address. The street address of the resident agent is the
registered office of the corporation in this state.

(3) A statement executed by an officer of the
corporation, acknowledged before a person authorized by the laws of the place
where the acknowledgment is taken to take acknowledgments of deeds, setting
forth:

(I) A general description of the purposes of the
corporation; and

(II) The authorized stock of the corporation and
the number and par value of shares having par value and the number of shares
having no par value.

(b) Lodge in the office of the secretary of state a copy
of the document most recently filed by the corporation in the jurisdiction of
its incorporation setting forth the authorized stock of the corporation, the
number of par‑value shares and their par value, and the number of
no-par-value shares.

2. The secretary of state shall not file the documents
required by subsection 1 for any foreign corporation whose name is the same as,
or deceptively similar to the name of a corporation, limited partnership or
limited-liability company existing pursuant to the laws of this state or a
foreign corporation, foreign limited partnership or foreign limited-liability
company authorized to transact business in this state or a name to which the
exclusive right is at the time reserved in the manner provided in the laws of
this state, unless the written acknowledged consent of the holder of the
registered or reserved name to use the same name or the requested similar name
accompanies the articles of incorporation.

3. The secretary of state shall not accept for filing
the documents required by subsection 1 or NRS 80.110 for any foreign
corporation if the name of the corporation contains the words engineer,
engineered, engineering, professional engineer or licensed engineer
unless the state board of professional engineers and land surveyors certifies
that:

(a) The principals of the corporation are licensed to
practice engineering pursuant to the laws of this state; or

(b) The corporation is exempt from the prohibitions of
NRS 625.520.

4. The secretary of state shall not accept for filing
the documents required by subsection 1 or NRS 80.110 for any foreign
corporation if it appears from the documents that the business to be carried on
by the corporation is subject to supervision by the commissioner of financial
institutions, unless the commissioner certifies that:

(a) The corporation has obtained the authority required
to do business in this state; or

(b) The corporation is not subject to or is exempt from
the requirements for obtaining such authority.

5. The secretary of state shall not
accept for filing the documents required by subsection 1 or NRS 80.110 for any
foreign corporation if the name of the corporation contains the words
accountant, accounting, accountancy, auditor or auditing unless the
Nevada state board of accountancy certifies that the foreign corporation:

(a) Is registered pursuant to the provisions of chapter
628 of NRS; or

(b) Has filed with the state board of accountancy under
penalty of perjury a written statement that the foreign corporation is not
engaged in the practice of accounting and is not offering to practice
accounting in this state.

Sec. 15. NRS
82.106 is hereby amended to read as follows:

82.1061. The secretary of
state shall not accept for filing pursuant to this chapter any articles of
incorporation or any certificate of amendment of articles of incorporation of
any corporation formed or existing pursuant to this chapter if the name of the
corporation contains the words trust, engineer, engineered,
engineering, professional engineer or licensed engineer.

2. The secretary of state shall not accept for filing
any articles of incorporation or any certificate of amendment of articles of
incorporation of any corporation formed or existing under this chapter when it
appears from the articles or the certificate of amendment that the business to
be carried on by the corporation is subject to
supervision by the commissioner of insurance.

by the corporation is subject to supervision by the
commissioner of insurance.

3. The secretary of state shall not accept
for filing pursuant to this chapter any articles of incorporation or any
certificate of amendment of articles of incorporation of any corporation formed
or existing pursuant to this chapter if the name of the corporation contains
the words accountant, accounting, accountancy, auditor or auditing.

Sec. 16. NRS
86.171 is hereby amended to read as follows:

86.1711. The name of a
limited-liability company formed under the provisions of this chapter must
contain the words Limited-Liability Company, Limited Company, or Limited
or the abbreviations Ltd., L.L.C., L.C., LLC or LC. The word
Company may be abbreviated as Co.

2. The name proposed for a limited-liability company
must be distinguishable from the names of all other artificial persons
organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89
of NRS whose names are on file in the office of the secretary of state. If a
proposed name is not so distinguishable, the secretary of state shall return
the articles of organization to the organizer, unless the written acknowledged
consent of the holder of the registered name to use the same name or the
requested similar name accompanies the articles of organization.

3. For the purposes of this section and NRS 86.176, a
proposed name is not distinguished from a registered or reserved name solely
because one or the other contains distinctive lettering, a distinctive mark, a
trade-mark or a trade name, or any combination of these.

4. The name of a limited-liability company whose charter
has been revoked, whose existence has terminated, which has merged and is not
the surviving company, or which for any other reason is no longer in good
standing is available for use by any other artificial person.

5. The secretary of state shall not
accept for filing any articles of organization for any limited-liability
company if the name of the limited-liability company contains the words
accountant, accounting, accountancy, auditor or auditing unless the Nevada
state board of accountancy certifies that the limited-liability company:

(a) Is registered pursuant to the provisions of chapter
628 of NRS; or

(b) Has filed with the state board of accountancy under
penalty of perjury a written statement that the limited-liability company is
not engaged in the practice of accounting and is not offering to practice
accounting in this state.

Sec. 16.5. Section
2 of Senate Bill No. 19 of this session is hereby amended to read as follows:

Sec. 2. NRS 80.010
is hereby amended to read as follows:

80.010 1. Before
commencing or doing any business in this state, each corporation organized
pursuant to the laws of another state, territory, the District of Columbia, a
possession of the United States or a foreign country, that enters this state to
do business must:

(a) File in the office of
the secretary of state of this state:

(1) A certificate of
corporate existence issued not more than 90 days before the date of filing by
an authorized officer of the jurisdiction of its
incorporation setting forth the filing of documents and instruments related to
the articles of incorporation, or the governmental acts or other instrument or
authority by which the corporation was created.

jurisdiction of its incorporation
setting forth the filing of documents and instruments related to the articles
of incorporation, or the governmental acts or other instrument or authority by
which the corporation was created. If the certificate is in a language other
than English, a translation, together with the oath of the translator and his
attestation of its accuracy, must be attached to the certificate.

(2) A certificate of
acceptance of appointment executed by its resident agent, who must be a
resident or located in this state. The certificate must set forth the name of
the resident agent, his street address for the service of process, and his
mailing address if different from his street address. The street address of the
resident agent is the registered office of the corporation in this state.

(3) A statement executed
by an officer of the corporation, acknowledged before a person authorized by
the laws of the place where the acknowledgment is taken to take acknowledgments
of deeds, setting forth:

(I) A general
description of the purposes of the corporation; and

(II) The authorized
stock of the corporation and the number and par value of shares having par
value and the number of shares having no par value.

(b) Lodge in the office of
the secretary of state a copy of the document most recently filed by the
corporation in the jurisdiction of its incorporation setting forth the
authorized stock of the corporation, the number of par‑value shares and
their par value, and the number of no-par-value shares.

2. The secretary of state
shall not file the documents required by subsection 1 for any foreign
corporation whose name is the same as, or deceptively similar to the name of a
corporation, limited partnership or limited-liability company existing pursuant
to the laws of this state or a foreign corporation, foreign limited partnership
or foreign limited-liability company authorized to transact business in this
state or a name to which the exclusive right is at the time reserved in the
manner provided in the laws of this state, unless the written acknowledged
consent of the holder of the registered or reserved name to use the same name
or the requested similar name accompanies the articles of incorporation.

3. The secretary of state
shall not accept for filing the documents required by subsection 1 or NRS
80.110 for any foreign corporation if the name of the corporation contains the
words engineer, engineered, engineering, professional engineer or
licensed engineer unless the state board of professional engineers and land
surveyors certifies that:

(a) The principals of the
corporation are licensed to practice engineering pursuant to the laws of this state;
or

(b) The corporation is
exempt from the prohibitions of NRS 625.520.

4. The secretary of state
shall not accept for filing the documents required by subsection 1 or NRS
80.110 for any foreign corporation if it appears from the
documents that the business to be carried on by the corporation is subject to
supervision by the commissioner of financial institutions, unless the
commissioner certifies that:

it appears from the documents
that the business to be carried on by the corporation is subject to supervision
by the commissioner of financial institutions, unless the commissioner
certifies that:

(a) The corporation has
obtained the authority required to do business in this state; or

(b) The corporation is not
subject to or is exempt from the requirements for obtaining such authority.

5. The secretary of state
shall not accept for filing the documents required by subsection 1 or NRS
80.110 for any foreign corporation if the name of the corporation contains the
words accountant, accounting, accountancy, auditor or auditing unless
the Nevada state board of accountancy certifies that the foreign corporation:

(a) Is registered pursuant
to the provisions of chapter 628 of NRS; or

(b) Has filed with the state
board of accountancy under penalty of perjury a written statement that the
foreign corporation is not engaged in the practice of accounting and is not
offering to practice accounting in this state.

6. As used in this section, street
address of a resident means the actual physical location in this state at
which a resident agent is available for service of process.

Sec. 17. NRS
628.382 is hereby repealed.

Sec. 18. 1.
This section and sections 1, 2, 3 and 5 to 17, inclusive, of this act become
effective on July 1, 1999.

2. Section 4 of
this act becomes effective at 12:01 a.m. on January 1, 2001.

AN ACT relating to traffic laws; revising the penalty
for exceeding the posted speed limit in certain circumstances; and providing
other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 484.3685 is hereby amended to read as follows:

484.36851. Except as
otherwise provided in subsection 3, a person driving a motor vehicle during the
hours of daylight at a speed in excess of the speed limit posted by a public
authority for the portion of highway being traversed shall be punished by a
fine of $25 if:

(a) The posted speed limit is 60 miles per hour and the
person is not exceeding a speed of 70 miles per hour.

(b) The posted speed limit is 65 miles per hour and the
person is not exceeding a speed of 75 miles per hour.

(c) The posted speed limit is 70 miles per hour and the
person is not exceeding a speed of 75 miles per hour.

2. A violation of the speed limit under any of the
circumstances set forth in subsection 1 must not be recorded by the department
on a drivers record and shall not be deemed a moving traffic violation.

3. The provisions of this section do not apply to a
violation specified in subsection 1 that occurs in a county whose population is
100,000 or more[.] if the portion of highway being
traversed is in:

(a) An urban
area; or

(b) An area
which is adjacent to an urban area and which has been designated by the public
authority that established the posted speed limit for the portion of highway
being traversed as an area that requires strict observance of the posted speed
limit to protect public health and safety.

Sec. 2. The
amendatory provisions of this act do not apply to offenses committed before
July 1, 1999.

Sec. 3. This
act becomes effective on July 1, 1999.

________

CHAPTER 382, SB 464

Senate Bill No. 464Committee on Commerce and Labor

CHAPTER 382

AN ACT relating to unemployment compensation; revising
provisions in cases of delinquency in payment of employers assessments; and
providing other matters properly relating thereto.

[Approved May
29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 612 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 and 3 of this
act.

Sec. 2. 1. If a check is tendered on or before
the due date in payment of contributions but is afterward dishonored by the
financial institution on which it is drawn, the check does not constitute
timely payment unless the administrator determines that dishonor occurred
because of fault on the part of the financial institution.

2. The administrator may charge an additional fee of not
more than $25 for handling against a person who presents a check afterward
dishonored. The fee must be deposited in the unemployment compensation
administration fund.

Sec. 3. 1. If a debtor of an employing unit is
notified of a delinquency pursuant to NRS 612.685, he shall neither transfer,
pay over nor make any other disposition of money or property belonging to the
delinquent employing unit, or any portion thereof, until the administrator
consents thereto in writing.

2. A person
so notified shall, within 10 days after receipt of the notice, advise the
administrator of all credits, debts or other personal property of the
delinquent employing unit in his possession, under his control or owing by him,
as the case may be.

3. The
administrator may, personally or by registered or certified mail, give the
person so notified a demand to transmit. Upon receipt of the demand, that
person shall transmit to the division, within the time and in the manner stated
in the demand, the lesser of:

(a) All the
credits, debts or other personal property of the delinquent employing unit in
his possession, under his control or owing by him; or

(b) The
amount specified in the demand.

Except as
otherwise provided in subsection 4, no further notice is required.

4. If the
property of the delinquent employing unit consists of a series of payments owed
to it, the person who owes or controls the payments shall transmit them to the
division until otherwise notified by the administrator. If the debt is not paid
within 1 year after the demand to transmit was given, the administrator shall
give another demand to the person who owes or controls the payments,
instructing him to continue to transmit the payments or informing him that his
duty to transmit them has ceased.

5. A person
notified of a delinquency who makes any transfer or other disposition of
property required to be withheld or transmitted to the division is liable for
the amount of the delinquency to the extent of the value of the property or the
amount of the debt so transferred or paid.

6. The
division shall determine as promptly as practicable whether sufficient liquid
assets have been withheld or transmitted to satisfy its claim. As soon as the
division determines that the assets are sufficient, it shall consent in writing
to a transfer or other disposition of assets in excess of the amount needed.

Sec. 4. NRS
612.620 is hereby amended to read as follows:

612.620 1. When any contribution as provided in this
chapter remains unpaid on the date on which it becomes due , [and payable,]
as prescribed by the administrator, it bears interest at the rate of [one-half
of] 1 percent for each month or portion of a month
thereafter until such payment, plus accrued interest, is received by the
administrator.

2. Interest accrued under this section may not be waived
under any circumstances.

3. Interest collected pursuant to this section must be
paid into the employment security fund.

Sec. 5. NRS
612.685 is hereby amended to read as follows:

612.685 1. As used in this section, person includes
this state, and any county, municipality, district or other political
subdivision thereof.

2. If any employing unit is delinquent in the payment of
any contribution, forfeit or interest provided for in this chapter, the
administrator may, not later than 3 years after the payment became delinquent,
or within 6 years of the recording of the judgment under NRS 612.635, give
notice of the [amount of such] delinquency by
registered or certified mail to any person having in his possession or under
his control any credit or other personal property belonging to such delinquent
employing unit, or owing any debt to such employing unit at the time of the
receipt of the registered or certified notice.

Notice to a state
officer, department or agency is effective only if it is given before the claim
of the delinquent taxpayer is presented to the state controller.

3. [Any person so notified shall neither transfer, pay over, nor
make any other disposition of such debt, credit or other personal property
until the administrator consents thereto in writing, or until 30 days have
elapsed from and after the receipt of the notice.

4. All
persons so notified must, within 5 days after receipt of the notice, advise the
administrator of any and all such credits, debts or other personal property in
their possession, under their control, or owing by them, as the case may be.] A state officer, department or agency
which receives such a notice may satisfy any debt owed to it by the delinquent
employing unit before it honors the administrators notice.

Sec. 6. 1.
This section and sections 1, 3 and 5 of this act become effective upon passage
and approval.

2. Sections 2
and 4 of this act become effective on July 1, 2000.

________

CHAPTER 383, SB 495

Senate Bill No.
495Committee on Commerce and Labor

CHAPTER 383

AN ACT relating to industrial insurance; revising the
provisions concerning employee leasing companies; revising the provisions
concerning the modified programs of industrial insurance for the department of
prisons, jails and other detention facilities; revising the provision
concerning the timing of payment of premiums and reporting of payroll to
insurers; clarifying that a rate service organization used by an association of
self-insured public or private employers must be licensed; clarifying the
authority of the commissioner of insurance over private carriers who provide
industrial insurance; specifying the authority of the commissioner of insurance
to suspend the authorization of a private carrier to provide industrial
insurance; revising various provisions to facilitate the authorization of
private carriers to provide industrial insurance; reducing the penalty for
misrepresenting information that will affect the amount of an employers
premium; revising the provisions concerning payment from the uninsured
employers claim fund; increasing the amount a real estate licensee is deemed
to receive as a wage; and providing other matters properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
616A.465 is hereby amended to read as follows:

616A.4651. Except as
otherwise provided in this section, the division shall:

(b) Associations of self-insured public or private
employers pursuant to NRS 616B.350 to 616B.446, inclusive; and

(c) Third-party administrators pursuant to chapter 683A
of NRS.

3. The department of administration is responsible for
contested claims relating to industrial insurance pursuant to NRS 616C.310 to
616C.385, inclusive. The administrator is responsible for administrative
appeals pursuant to NRS 616B.215.

4. The Nevada attorney for injured workers is
responsible for legal representation of claimants pursuant to NRS 616A.435 to
616A.460, inclusive, and 616D.120.

5. The division is responsible for the investigation of
complaints. If a complaint is filed with the division, the administrator shall
cause to be conducted an investigation which includes a review of relevant
records and interviews of affected persons. If the administrator determines
that a violation may have occurred, the administrator shall proceed in
accordance with the provisions of NRS 616D.120 and 616D.130.

Sec. 2. Chapter
616B of NRS is hereby amended by adding thereto a new section to read as
follows:

An insurer shall not issue a policy of
industrial insurance to an employer that does not cover each employee of that
employer who satisfies the definition of employee set forth in NRS 616A.105 to
616A.225, inclusive.

Sec. 3. NRS
616B.039 is hereby amended to read as follows:

616B.039[The] To determine the total amount paid to
employees for services performed, the maximum amount paid to any
one employee during the year in
which a policy of industrial insurance is effective shall be
deemed to be $36,000 . [in
determining the total amount paid to employees by each employer for services
performed during a year.]

Sec. 4. NRS
616B.086 is hereby amended to read as follows:

616B.0861. Except as
otherwise provided in subsection 3, all premiums, contributions, penalties,
bonds, securities and all other properties received, collected or acquired by
the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS:

(a) Must be credited on the records of the system to the
state insurance fund.

(b) Constitute, for the purpose of custody thereof, the
state insurance fund, which must be held by the manager as custodian thereof for
the benefit of employees and their dependents within the provisions of chapters
616A to 616D, inclusive, of NRS. The manager is liable on his official bond for
the faithful performance of his custodial duty.

2. The commissioner or the administrator may delegate to
a hearing officer or panel his authority to take any disciplinary action
pursuant to NRS 616B.318, 616B.321, 616B.350 to 616B.446, inclusive, 616B.463, 616B.472 or
616D.120, impose and collect administrative fines pursuant to those sections and deposit the money in the fund for workers
compensation and safety.

those sections and deposit the money in the fund for workers
compensation and safety.

3. If a hearing officer or panel is not authorized to
take disciplinary action pursuant to subsection 2 and the commissioner or the
administrator deposits the money collected from the imposition of administrative
fines with the state treasurer for credit to the state general fund, he may
present a claim to the state board of examiners for recommendation to the
interim finance committee if money is needed to pay attorneys fees or the
costs of an investigation, or both.

Sec. 5. NRS
616B.095 is hereby amended to read as follows:

616B.095If the provisions of
NRS [616B.218, 616B.224 and 616B.230 for the creation of a] 616B.224 concerningthe state insurance fund,
or the provisions of chapters 616A to 616D, inclusive, of NRS making the
compensation to the workman provided in those chapters exclusive of any other
remedy on the part of the workman, shall be held invalid, each of those
chapters shall be thereby invalidated, except the provisions of NRS 616B.101,
and an accounting according to the justice of the case shall be had on moneys
received. In other respects an adjudication of invalidity of any part of this
chapter or chapter 616A, 616C or 616D of NRS shall not affect the validity of
any of those chapters as a whole or any part thereof.

Sec. 6. NRS
616B.104 is hereby amended to read as follows:

616B.1041. Notwithstanding
the provisions of chapter 355 of NRS or of any other law, the manager may
invest and reinvest any money in the funds of the system deemed available for
investment [as provided in] pursuant to NRS 616B.107 [and 616B.116 to 616B.164,
inclusive,] and may employ investment counsel for that
purpose.

2. The provisions of this section and NRS 616B.107 [and
616B.116 to 616B.164, inclusive,] do not prevent the
manager from making investments in accordance with the provisions of chapter
355 of NRS.

Sec. 7. NRS
616B.107 is hereby amended to read as follows:

616B.1071. No person engaged
in business as a broker or dealer in securities or who has a direct pecuniary
interest in any such business who receives commissions for transactions
performed as an agent for the system is eligible for employment as investment
counsel for the system.

2. The manager shall not engage investment counsel
unless:

(a) The principal business of the person selected by the
manager consists of rendering investment supervisory services, that is, the
giving of continuous advice as to the investment of money on the basis of the
individual needs of each client;

(b) The person and his predecessors have been
continuously engaged in such business for a period of 3 or more years, and, if
a firm or corporation, the senior management personnel of the firm or
corporation have an average of 10 years professional experience as investment
managers;

(c) The person as of the time originally hired, has at
least $250,000,000 of assets under management contract, exclusive of any assets
related to governmental agencies in this state;

(d) The person is registered as an investment adviser under
the laws of the United States as from time to time in effect, or is a bank or
an investment management subsidiary of a bank;

(e) The contract between the system and the investment
counsel is of no specific duration and is voidable at any time by either party;
and

(f) The person has been approved by the state board of
finance for employment as investment counsel.

3. More than one investment counsel may be employed in
the discretion of the manager.

4. The expense of such employment must be paid from the
state insurance fund.

5. Any investment program adopted by the system and all
investments made thereunder must be reported quarterly in writing by the
manager to the state board of finance, and the report is subject to review by
the state board of finance. The state board of finance may require the manager
to provide further reports and may recommend modifications in the investment
program, including replacement of the investment counsel. If, after a
reasonable time, the manager has not taken suitable corrective action in
response to recommendations by the state board of finance, the state board of
finance may direct the manager to carry out its recommendations in a manner
acceptable to the state board of finance. Any directives from the state board
of finance must be in writing.

6. With the approval of the state board of finance, the
manager may designate the bank or banks which shall have the custody of the
various investments [authorized in NRS 616B.116 to 616B.164, inclusive.] made pursuant to this section.

7. The system may accept due bills from brokers upon
delivery of warrants if the certificates representing the investments are not
readily available.

Sec. 8. NRS
616B.185 is hereby amended to read as follows:

616B.1851. Any offender
confined at the state prison, while engaged in work in a prison industry or
work program, whether the program is operated by an institution of the
department of prisons, by contract with a public entity or by a private
employer, is entitled to coverage under the modified program of industrial
insurance established by regulations adopted by the [system when] division if the director
of the department of prisons [requests such coverage and] complies
with the provisions of the regulations, and coverage is approved by the system[.] or a private carrier.

2. An offender is limited to the rights and remedies
established by the provisions of the modified program of industrial insurance
established by regulations adopted by the [system.] division. The offender is
not entitled to any rights and remedies established by the provisions of
chapters 616A to 617, inclusive, of NRS.

3. The [system] division shall, in cooperation with the
department of prisons and the risk management division of the department of
administration, adopt regulations setting forth a modified program of
industrial insurance to provide offenders with industrial insurance against
personal injuries arising out of and in the course of their work in a prison
industry or work program.

Sec. 9. NRS
616B.186 is hereby amended to read as follows:

616B.1861. Any offender
confined in a county jail, city jail or other local detention facility, while
engaged in work in a work program directed by

the administrator of the jail or other detention facility,
whether the work program is operated by contract with a public entity or by a
private employer, may receive coverage under the modified program of industrial
insurance established by regulations adopted by the division if the administrator
of the jail or other detention facility [requests such coverage
and] complies with the provisions of the regulations[.] and coverage is approved by the system
or a private carrier.

2. An offender is limited to the rights and remedies
established by the provisions of the modified program of industrial insurance
established by regulations adopted by the division. The offender is not
entitled to any rights and remedies established by the provisions of chapters
616A to 617, inclusive, of NRS.

3. The division, in cooperation with the various
administrators of jails and other detention facilities, shall adopt regulations
setting forth a modified program of industrial insurance to provide offenders
with industrial insurance against personal injuries arising out of and in the
course of their work in a work program.

4. As used in this section, administrator of the jail
or other detention facility means the sheriff of a county jail, chief of
police of a city jail or director of a local detention facility.

Sec. 10. NRS
616B.211 is hereby amended to read as follows:

616B.211[In addition to the
authority given the manager to determine and fix premium rates pursuant to NRS
616B.218 to 616B.230, inclusive, the] The manager may establish a plan for classifying
employers insured by the system as small employers pursuant to chapters 616A to
616D, inclusive, or [chapter] 617 of NRS. Upon establishing
such a plan, the manager may, with the approval of the commissioner, determine
and fix the premium rates of those employers pursuant to the plan.

Sec. 11. NRS
616B.212 is hereby amended to read as follows:

616B.212[In addition to the
authority given the manager to determine and fix premium rates of employers
pursuant to NRS 616B.218 to 616B.230, inclusive, the] The manager may by
regulation establish a plan for classifying employers insured by the system
who, because of the risks inherent in the businesses in which the employers are
engaged, are reasonably likely to incur a greater number of claims for compensation
pursuant to chapters 616A to 616D, inclusive, or [chapter]
617 of NRS. Upon establishing such a plan, the manager may, with the approval
of the commissioner, determine and fix the premium rates of those employers.

Sec. 12. NRS
616B.224 is hereby amended to read as follows:

616B.2241. Every private or public employer
who is not a self-insured employer or a member of an association of
self-insured public or private employers shall, at intervals and on or before dates established
by his insurer, furnish the insurer with [a] :

(a) A
true and accurate payroll showing:

[(a)] (1) The total amount paid to employees for
services performed;

[(b)] (2) The amount of tips reported to him by
every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20
or more; and

[(c)] (3) A segregation of employment in accordance
with the requirements of the commissioner[, together with the
premium due thereon.]; and

(b) Any
premium due pursuant to the terms of the policy of industrial insurance.

The payroll reports
and any premium
[must] may be furnished to the insurer on [or
before the date] different dates, as established by the
insurer . [for
the receipt of the payroll and premium.

2. Any
employer by agreement in writing with the insurer may arrange for the payment
of premiums in advance at an interval established by the insurer.

3.] 2. Failure of any employer
to comply with the provisions of this section [and NRS 616B.218]
operates as a rejection of chapters 616A to 616D, inclusive, of NRS, effective [at
the expiration of the period covered by his estimate.] on the date established by the insurer
pursuant to subsection 1. The insurer shall notify the
administrator of each such rejection.

[4. If an audit of the accounts or actual payroll of an
employer shows that the actual premium earned exceeds the estimated premium
paid in advance, the insurer may require the payment of money sufficient to
cover the deficit, together with such amount as in his judgment constitutes an
adequate advance premium for the period covered by the estimate.

5.] 3. The insurer shall
notify any employer or his representative by first-class mail of any failure on
his part to comply with the provisions of this section. The notice or its
omission does not modify or waive the requirements or effective rejection of
chapters 616A to 616D, inclusive, and
617 of NRS as otherwise provided in those chapters.

[6.] 4. The system may impose a penalty not to
exceed 10 percent of the premiums which are due for the failure of an employer
insured by the system to submit the information and premium required in
subsection 1 within the time allowed, unless the employer has applied for and
been granted an extension of that time by the manager.

[7.] 5. To the extent permitted by federal law,
the insurer shall vigorously pursue the collection of premiums that are due
under the provisions of chapters 616A to 616D, inclusive, and 617 of NRS even if an employers debts
have been discharged in a bankruptcy proceeding.

6. Every
employer insured by the system shall pay its premiums to the state insurance
fund. All money received by the system pursuant to this section must be
deposited with the state treasurer to the credit of the state insurance fund.

Sec. 13. NRS
616B.386 is hereby amended to read as follows:

616B.3861. If an employer
wishes to become a member of an association of self-insured public or private
employers, the employer must:

(a) Submit an application for membership to the board of
trustees or third-party administrator of the association; and

(b) Enter into an indemnity agreement as required by NRS
616B.353.

2. The membership of the applicant becomes effective
when each member of the association approves the application or on a later date
specified by the association. The application for membership and the action taken on the application must be maintained as permanent
records of the board of trustees.

taken on the application must be maintained as permanent
records of the board of trustees.

3. Each member who is a member of an association during
the 12 months immediately following the formation of the association must:

(a) Have a tangible net worth of at least $500,000; or

(b) Have had a reported payroll for the previous 12
months which would have resulted in a manual premium of at least $15,000,
calculated in accordance with a manual prepared pursuant to subsection 4 of NRS
686B.1765.

4. An employer who seeks to become a member of the
association after the 12 months immediately following the formation of the
association must meet the requirement set forth in paragraph (a) or (b) of
subsection 3 unless the commissioner adjusts the requirement for membership in
the association after conducting an annual review of the actuarial solvency of
the association pursuant to subsection 1 of NRS 616B.353.

5. An association of self-insured private employers may
apply to the commissioner for authority to determine the amount of tangible net
worth and manual premium that an employer must have to become a member of the
association. The commissioner shall approve the application if the association:

(a) Has been certified to act as an association for at
least the 3 consecutive years immediately preceding the date on which the
association filed the application with the commissioner;

(b) Has a combined tangible net worth of all members in
the association of at least $5,000,000;

(c) Has at least 15 members; and

(d) Has not been required to meet informally with the
commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month
period immediately preceding the date on which the association filed the
application with the commissioner or, if the association has been required to
attend such a meeting during that period, has not had its certificate withdrawn
before the date on which the association filed the application.

6. An association of self-insured private employers may
apply to the commissioner for authority to determine the documentation
demonstrating solvency that an employer must provide to become a member of the
association. The commissioner shall approve the application if the association:

(a) Has been certified to act as an association for at
least the 3 consecutive years immediately preceding the date on which the
association filed the application with the commissioner;

(b) Has a combined tangible net worth of all members in
the association of at least $5,000,000; and

(c) Has at least 15 members.

7. The commissioner may withdraw his approval of an
application submitted pursuant to subsection 5 or 6 if he determines the
association has ceased to comply with any of the requirements set forth in
subsection 5 or 6, as applicable.

8. [Except as otherwise provided in NRS 616B.389, a] A member of an
association may terminate his membership at any time. To terminate his
membership, a member must submit to the associations administrator a notice of
intent to withdraw from the association at least 120 days before the effective
date of withdrawal. The associations administrator shall, within 10 days after
receipt of the notice, notify the commissioner of the employers intent to
withdraw from the association.

9. The members of an association may cancel the
membership of any member of the association in accordance with the bylaws of
the association.

10. The association shall:

(a) Within 30 days after the addition of an employer to
the membership of the association, notify the commissioner of the addition and:

(1) If the association has not received authority
from the commissioner pursuant to subsection 5 or 6, as applicable, provide to
the commissioner all information and assurances for the new member that were
required from each of the original members of the association upon its
organization; or

(2) If the association has received authority from
the commissioner pursuant to subsection 5 or 6, as applicable, provide to the
commissioner evidence that is satisfactory to the commissioner that the new
member is a member or associate member of the bona fide trade association as
required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of
the indemnity agreement that jointly and severally binds the new member, the
other members of the association and the association that is required to be
executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any
other information the commissioner may reasonably require to determine whether
the amount of security deposited with the commissioner pursuant to paragraph
(d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information
must not exceed the information required to be provided to the commissioner
pursuant to subparagraph (1);

(b) Notify the commissioner and the administrator of the
termination or cancellation of the membership of any member of the association
within 10 days after the termination or cancellation; and

(c) At the expense of the member whose membership is
terminated or canceled, maintain coverage for that member for 30 days after
notice is given pursuant to paragraph (b), unless the association first
receives notice from the administrator that the member has:

(1) Become insured by the system;

(2) Been certified as a self-insured employer
pursuant to NRS 616B.312;

(3) Become a member of another association of
self-insured public or private employers; or

(4) Become insured by a private carrier.

11. If a member of an association changes his name or
form of organization, the member remains liable for any obligations incurred or
any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of
NRS under his former name or form of organization.

12. An association is liable for the payment of any compensation
required to be paid by a member of the association pursuant to chapters 616A to
616D, inclusive, or [chapter] 617 of NRS during his period of
membership.

membership. The insolvency or bankruptcy of a member does not
relieve the association of liability for the payment of the compensation.

Sec. 14. NRS
616B.407 is hereby amended to read as follows:

616B.4071. Except as
otherwise provided in subsection 2, the annual assessment required to be paid
by each member of an association of self-insured public or private employers
must be [calculated by a rating organization approved by the
commissioner and based] :

(a) Calculated
by a rate service organization that is licensed pursuant to chapter 686B of
NRS; and

(b) Based
on the premium rate for the standard industrial classification of that member,
adjusted by the members individual experience.

If approved by the commissioner, payments of assessments may
be reduced by an amount based on the associations level of expenses and loss
experience.

2. If approved by the commissioner, an association may
calculate the annual assessment required to be paid by each member of the
association. An assessment calculated by the association must be based on at
least 5 years of the members individual experience.

Sec. 15. NRS
616B.463 is hereby amended to read as follows:

616B.4631. Before a private
carrier may provide industrial insurance pursuant to chapters 616A to 617,
inclusive, of NRS, the private carrier must be authorized by the commissioner
pursuant to chapter 680A of NRS and maintain such security of the kind
described in NRS 680A.120 and 680A.140 as may be required.

2. A private carrier shall not provide industrial
insurance pursuant to chapters 616A to 617, inclusive, of NRS as an
unauthorized insurer pursuant to subsection 9 of NRS 680A.070.

3. A
private carrier that is authorized by the commissioner to provide industrial
insurance pursuant to subsection 1:

(a) Constitutes
an authorized insurer, as that term is defined in NRS 679A.030; and

(b) Is
subject to the provisions of Title 57 of NRS that govern authorized insurers.

Sec. 16. NRS
616B.472 is hereby amended to read as follows:

616B.4721. The commissioner
shall suspend the authorization of a private carrier to provide industrial
insurance for 1 year if , after a
hearing thereon, the commissioner finds that the private carrier
has intentionally or repeatedly failed to comply with the provisions of
chapters 616A to 616D, inclusive, or [chapter]
617 of NRS or the regulations of the division[.

2. Before
the commissioner suspends the authorization of a private carrier, he shall
arrange an informal meeting with the private carrier to discuss and seek
correction of any conduct which would be grounds for suspension.

3. Before
the suspension of the authorization, the commissioner shall give written notice
to the private carrier by certified mail or electronic transmission that its
authorization will be suspended within 10 days after it receives the notice
unless, within that time, the private carrier corrects the conduct set forth in
the notice as the reason for the withdrawal or submits a written request for a
hearing to the commissioner.

(a) The
commissioner shall set a date for a hearing within 20 days after receiving the
notice of the appeal and shall give the private carrier at least 10 business
days notice of the time and place of the hearing.

(b)]or the commissioner.

2. A
hearing to determine whether the authorization of a private carrier to provide
industrial insurance will be suspended pursuant to subsection 1 must be
conducted by the commissioner pursuant to the provisions of NRS 679B.310 to
679B.370, inclusive, the regulations adopted pursuant thereto and the
provisions of chapter 233B of NRS concerning adjudication of contested cases. A
record of the hearing must be kept but it need not be transcribed unless
requested by the private carrier. The cost of transcription must be charged to
the private carrier.

[5. Within 5 days after the hearing, the commissioner shall
affirm or deny his order suspending the authorization of the private carrier
and notify the private carrier by certified mail or electronic transmission of
his decision.

6. If the
private carrier does not comply with the order of the commissioner during the
period of suspension of the authorization, the commissioner shall file an order
prohibiting the private carrier from issuing new policies until the order has
expired. A copy of the order must be sent by certified mail or electronic
transmission to the private carrier.]

Sec. 17. NRS
616B.612 is hereby amended to read as follows:

616B.6121. Every employer
within the provisions of chapters 616A to 616D, inclusive, or 617 of NRS, and those employers who accept
the terms of those chapters and are governed by their provisions, shall provide
and secure compensation according to the terms, conditions and provisions of
those chapters for any personal injuries by accident sustained by an employee
arising out of and in the course of the employment.

2. Travel for which an employee receives wages shall,
for the purposes of chapters 616A to 616D, inclusive, of NRS, be deemed in the
course of employment.

3. In such cases the employer or any insurer of the
employer is relieved from other liability for recovery of damages or other
compensation for those personal injuries unless otherwise provided by the terms
of chapters 616A to 616D, inclusive, of NRS.

Sec. 18. NRS
616B.624 is hereby amended to read as follows:

616B.6241. If a quasi-public
or private corporation or a limited-liability company is required to be insured
pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the
corporation or a manager of the company who:

(a) Receives pay for services performed as an officer,
manager or employee of the corporation or company shall be deemed for the
purposes of those chapters to receive a minimum pay of $6,000 per [calendar]
year the policy of industrial
insurance for the employer is effective and a maximum pay of
$36,000 per [calendar year.] year the policy of industrial insurance is effective.

(b) Does not receive pay for services performed as an
officer, manager or employee of the corporation or company shall be deemed for
the purposes of

those chapters to receive a minimum pay of $500 per month or
$6,000 per [calendar year.] year the policy of industrial insurance is effective.

2. An officer or manager who does not receive pay for
services performed as an officer, manager or employee of the corporation or
company may elect to reject coverage by filing written notice thereof with the
corporation or company and the insurer. The rejection is effective upon receipt
of the notice by the insurer.

3. An officer or manager who has rejected coverage may
rescind that rejection by filing written notice thereof with the corporation or
company and the insurer. The rescission is effective upon receipt of the notice
by the insurer. If an officer or manager who has rejected coverage receives pay
for services performed as an officer, manager or employee of the corporation or
company, the officer or manager shall be deemed to have rescinded that
rejection.

4. A nonprofit corporation whose officers do not receive
pay for services performed as officers or employees of the corporation may
elect to reject coverage for its current officers and all future officers who
do not receive such pay by filing written notice thereof with the corporation
and the insurer. The rejection is effective upon receipt of the notice by the
insurer.

5. A nonprofit corporation which has rejected coverage
for its officers who do not receive pay for services performed as officers or
employees of the corporation may rescind that rejection by filing written
notice thereof with the corporation and the insurer. The rescission is
effective upon receipt of the notice by the insurer. If an officer of a
nonprofit corporation which has rejected coverage receives pay for services
performed as an officer or employee of the corporation, the corporation shall
be deemed to have rescinded that rejection.

Sec. 19. NRS
616B.670 is hereby amended to read as follows:

616B.670As used in NRS
616B.670 to 616B.697, inclusive, unless the context otherwise requires:

1. Applicant means a person seeking a certificate of [insurance]registration pursuant
to NRS 616B.670 to 616B.697, inclusive, to operate an employee leasing company.

2. Client company means a company which leases
employees, for a fee, from an employee leasing company pursuant to a written or
oral agreement.

3. Employee leasing company means a company which,
pursuant to a written or oral agreement:

(a) Places any of the regular, full-time employees of a
client company on its payroll and, for a fee, leases them to the client company
on a regular basis without any limitation on the duration of their employment;
or

(b) Leases to a client company:

(1) Five or more part-time or full-time employees;
or

(2) Ten percent or more of the total number of
employees within a classification of risk established by the [system.] commissioner.

Sec. 20. NRS
616B.673 is hereby amended to read as follows:

616B.6731. A person shall not
operate an employee leasing company in this state unless he has complied with
the provisions of NRS 616B.670 to 616B.697, inclusive. The [manager] administrator shall issue
a certificate of [insurance] registration to each
applicant who complies with the provisions of NRS 616B.670 to 616B.697,
inclusive.

[insurance]registration to each applicant who complies
with the provisions of NRS 616B.670 to 616B.697, inclusive.

2. Any person who violates the provisions of subsection
1 is guilty of a misdemeanor.

3. Each certificate of [insurance]registration issued
by the [manager] administrator pursuant to NRS 616B.670 to
616B.697, inclusive, expires 1 year after it is issued unless renewed before
that date.

Sec. 21. NRS
616B.676 is hereby amended to read as follows:

616B.676An applicant for the
issuance or renewal of a certificate of [insurance]registration must
submit to the [manager] administrator a written application upon a
form provided by the [manager.] administrator.

Sec. 22. NRS
616B.679 is hereby amended to read as follows:

616B.6791. Each application
must include:

(a) The applicants name and title of his position with
the employee leasing company.

(b) The applicants age, place of birth and social
security number.

(c) The applicants address.

(d) The business address of the employee leasing company.

(e) The business address of the resident agent of the
employee leasing company, if the applicant is not the resident agent.

(f) If the applicant is a:

(1) Partnership, the name of the partnership and the
name, address, age, social security number and title of each partner.

(2) Corporation, the name of the corporation and the
name, address, age, social security number and title of each officer of the
corporation.

(g) Proof of:

(1) The payment of any taxes required by chapter
364A of NRS.

(2) The payment of any premiums for industrial
insurance required by chapters 616A to 617, inclusive, of NRS.

(3) The payment of contributions or payments in lieu
of contributions required by chapter 612 of NRS.

(4) Insurance coverage for any benefit plan from an
insurer authorized pursuant to Title 57 of NRS that is offered by the employee
leasing company to its employees.

[(5) Membership in the National Staff Leasing Association, or
its successor organization.]

(h) Any other information the [manager] administrator requires.

2. Each application must be notarized and signed under
penalty of perjury:

(a) If the applicant is a sole proprietorship, by the
sole proprietor.

(b) If the applicant is a partnership, by each partner.

(c) If the applicant is a corporation, by each officer of
the corporation.

3. An applicant shall submit to the [manager] administrator any change
in the information required by this section within 30 days after the change
occurs. The [manager] administrator may revoke the certificate of [insurance]registration of an
employee leasing company which fails to comply with the provisions of [this subsection. If the
manager revokes the certificate of insurance and cancels the] NRS 616B.670 to 616B.697, inclusive.

4. If an
insurer cancels an employee leasing companys policy, the [manager] insurer shall immediately
notify the administrator[,
who shall proceed in accordance with the provisions of NRS 616D.110.] in writing. The notice must comply with
the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served
personally on or sent by first-class mail or electronic transmission to the
administrator.

Sec. 23. NRS
616B.694 is hereby amended to read as follows:

616B.694The [manager,
in cooperation with the administrator of the employment security division of
the department of employment, training and rehabilitation, shall, and the
commissioner of insurance] administrator may, adopt regulations to carry
out the provisions of NRS 616B.670 to 616B.697, inclusive.

Sec. 24. NRS
616B.697 is hereby amended to read as follows:

616B.697An action for damages
caused by the failure of an employee leasing company to comply with the
provisions of NRS 616B.670 to 616B.697, inclusive, may be brought against any
person who is required to sign the application for a certificate of [insurance] registration for the
employee leasing company.

Sec. 25. NRS
616C.220 is hereby amended to read as follows:

616C.2201. The division shall designate one:

(a) Third-party
administrator who has a valid certificate issued by the commissioner pursuant
to NRS 683A.085; or

(b) Insurer,
other than a self-insured employer or association of self-insured public or
private employers,

to administer
claims against the uninsured employers claim fund. The designation must be
made pursuant to reasonable competitive bidding procedures established by the
administrator.

2. An
employee may receive compensation from the uninsured employers claim fund if:

(a) He was hired in this state or he is regularly
employed in this state;

(b) He suffers an accident or injury in this state which
arises out of and in the course of his employment;

(c) He files a claim for compensation with the division;
and

(d) He makes an irrevocable assignment to the division of
a right to be subrogated to the rights of the injured employee pursuant to NRS
616C.215.

[2.] 3. If the division receives a claim pursuant
to subsection [1,] 2, the division shall immediately notify the
employer of the claim.

[3.] 4. For the purposes of this section, the
employer has the burden of proving that he provided mandatory industrial
insurance coverage for the employee or that he was not required to maintain
industrial insurance for the employee.

[4.] 5. Any employer who has failed to provide
mandatory coverage required by the provisions of chapters 616A to 616D,
inclusive, of NRS is liable for all payments made on his behalf, including any
benefits, administrative costs or attorneys fees paid from the uninsured
employers claim fund or incurred by the division.

(a) May recover from the employer the payments made by
the division that are described in subsection [4] 5 and any accrued
interest by bringing a civil action in district court.

(b) In any civil action brought against the employer, is
not required to prove that negligent conduct by the employer was the cause of
the employees injury.

(c) May enter into a contract with any person to assist
in the collection of any liability of an uninsured employer.

(d) In lieu of a civil action, may enter into an
agreement or settlement regarding the collection of any liability of an
uninsured employer.

[6.] 7. The division shall:

(a) Determine whether the employer was insured within 30
days after receiving notice of the claim from the employee.

(b) Assign the claim to the [system] third-party administrator or insurer
designated pursuant to subsection 1 for administration [of
the claim, payment of benefits and reimbursement of costs of administration and
benefits paid to the system. Upon determining that a claim is invalid, the
system]and
payment of compensation.

Upon determining
whether the claim is accepted or denied, the designated third-party
administrator or insurer shall notify the [claimant,] injured employee, the
named employer and the division [that the claim will not be assigned for benefits from the
uninsured employers claim fund.

7.] of its determination.

8. Upon
demonstration of the:

(a) Costs
incurred by the designated third-party administrator or insurer to administer
the claim or pay compensation to the injured employee; or

(b) Amount
that the designated third-party administrator or insurer will pay for
administrative expenses or compensation to the injured employee and that such
amounts are justified by the circumstances of the claim,

9.
Any party aggrieved by a [decision] determination regarding the administration of
an assigned claim or a [decision] determination made by the division or by the [system] designated third-party administrator or
insurer regarding any claim made pursuant to this section may
appeal that [decision] determination within 60 days after the [decision] determination is rendered
to the hearings division of the department of administration in the manner
provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.

[8.] 10. All insurers shall bear a proportionate
amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS,
and are entitled to a proportionate amount of any collection made pursuant to
this section as an offset against future liabilities.

[9.] 11. An uninsured employer is liable for the
interest on any amount paid on his claims from the uninsured employers claim
fund. The interest must be calculated at a rate equal to the prime rate at the
largest bank in Nevada, as ascertained by the commissioner of financial
institutions, on January 1 or July 1, as the case may be, immediately preceding
the date of the claim, plus 3 percent, compounded
monthly, from the date the claim is paid from the fund until payment is
received by the division from the employer.

claim, plus 3 percent, compounded monthly, from the date the
claim is paid from the fund until payment is received by the division from the
employer.

[10.] 11. Attorneys fees recoverable by the
division pursuant to this section must be:

(a) If a private attorney is retained by the division,
paid at the usual and customary rate for that attorney.

(b) If the attorney is an employee of the division, paid
at the rate established by regulations adopted by the division.

Any money collected must be deposited to the uninsured
employers claim fund.

[11.] 12. In addition to any other liabilities
provided for in this section, the administrator may impose an administrative
fine of not more than $10,000 against an employer if the employer fails to
provide mandatory coverage required by the provisions of chapters 616A to 616D,
inclusive, of NRS.

Sec. 26. NRS
616C.355 is hereby amended to read as follows:

616C.355At any time 10 or more
days before a scheduled hearing before an appeals officer, the administrator[, the manager or the
managers]or
the administrators designee, a party shall mail or deliver to
the opposing party any affidavit or declaration which he proposes to introduce
into evidence and notice to the effect that unless the opposing party, within 7
days after the mailing or delivery of such affidavit or declaration, mails or
delivers to the proponent a request to cross-examine the affiant or declarant,
his right to cross-examine the affiant or declarant is waived and the affidavit
or declaration, if introduced into evidence, will have the same effect as if
the affiant or declarant had given sworn testimony before the appeals officer,
the administrator[,
the manager or the managers] or the administrators designee.

Sec. 27. NRS 616C.385 is hereby amended to read
as follows:

616C.385If a party petitions
the district court for judicial review of a final decision of an appeals
officer, the [manager or the managers] administrator or the administrators
designee, and the petition is found by the district court to be frivolous or
brought without reasonable grounds, the district court may order costs and a
reasonable attorneys fee to be paid by the petitioner.

Sec. 28. NRS
616D.050 is hereby amended to read as follows:

616D.050 1. Appeals officers, the administrator [,
the manager and the managers] and the administrators designee, in
conducting hearings or other proceedings pursuant to the provisions of chapters
616A to 616D, inclusive, of NRS or regulations adopted pursuant to those
chapters may:

(a) Issue subpoenas requiring the attendance of any
witness or the production of books, accounts, papers, records and documents.

(b) Administer oaths.

(c) Certify to official acts.

(d) Call and examine under oath any witness or party to a
claim.

(e) Maintain order.

(f) Rule upon all questions arising during the course of
a hearing or proceeding.

(h) Initiate and hold conferences for the settlement or
simplification of issues.

(i) Dispose of procedural requests or similar matters.

(j) Generally regulate and guide the course of a pending
hearing or proceeding.

2. Hearing officers, in conducting hearings or other
proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, of
NRS or regulations adopted pursuant to those chapters, may:

(a) Issue subpoenas requiring the attendance of any
witness or the production of books, accounts, papers, records and documents
that are relevant to the dispute for which the hearing or other proceeding is
being held.

(b) Maintain order.

(c) Permit discovery by deposition or interrogatories.

(d) Initiate and hold conferences for the settlement or
simplification of issues.

(e) Dispose of procedural requests or similar matters.

(f) Generally regulate and guide the course of a pending
hearing or proceeding.

Sec. 29. NRS
616D.070 is hereby amended to read as follows:

616D.070If any person:

1. Disobeys an order of an appeals officer, a hearing
officer, the administrator [, the manager or the managers]or the administrators designee,
or a subpoena issued by the [manager, managers designee,]
administrator, administrators
designee, appeals officer, hearing officer, inspector or
examiner;

2. Refuses to permit an inspection; or

3. As a witness, refuses to testify to any matter for
which he may be lawfully interrogated,

the district judge of the county in which the person resides,
on application of the appeals officer, the hearing officer, the administrator [,
the manager or the managers]or the administrators designee, shall compel
obedience by attachment proceedings as for contempt, as in the case of
disobedience of the requirements of subpoenas issued from the court on a
refusal to testify therein.

Sec. 30. NRS
616D.080 is hereby amended to read as follows:

616D.0801. Each officer who
serves a subpoena is entitled to receive the same fees as a sheriff.

2. Each witness who appears, in obedience to a subpoena
which has been issued pursuant to this chapter or chapter 616A, 616B or 616C of
NRS, before an appeals officer, a hearing officer, the administrator [,
the manager or the managers]or the administrators designee, is entitled
to receive for his attendance the fees and mileage provided for witnesses in
civil cases in courts of record. For
subpoenas issued on behalf of this state or an officer or agency thereof, the fees
and mileage are not required to be tendered at the same time that the subpoena
is delivered to the person named therein.

(a) Authorize payment from his administrative budget of
the fees and mileage due to such a witness; or

(b) Impose those costs upon the party at whose instance
the witness was subpoenaed or, for good cause shown, upon any other party.

Sec. 31. NRS
616D.100 is hereby amended to read as follows:

616D.1001. A transcribed copy
of the evidence and proceedings, or any specific part thereof, of any final
hearing or investigation, made by a stenographer appointed by an appeals
officer, a hearing officer, the administrator [, the manager or the
managers] or
the administrators designee, being certified by that
stenographer to be a true and correct transcript of the testimony in the final
hearing or investigation, or of a particular witness, or of a specific part
thereof, and carefully compared by him with his original notes, and to be a
correct statement of the evidence and proceedings had on the final hearing or
investigation so purporting to be taken and transcribed, may be received in
evidence with the same effect as if the stenographer had been present and
testified to the facts so certified.

2. A copy of the transcript must be furnished on demand
to any party upon the payment of the fee required for transcripts in courts of
record.

Sec. 32. NRS
616D.200 is hereby amended to read as follows:

616D.2001. If the
administrator finds that an employer within the provisions of NRS 616B.633 has
failed to provide and secure compensation as required by the terms of chapters
616A to 616D, inclusive, of NRS or that the employer has provided and secured
that compensation but has failed to maintain it, he shall make a determination thereon
and may charge the employer an amount equal to the sum of:

(a) The premiums that would otherwise have been owed to
the system or a private carrier
pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the
period that the employer was doing business in this state without providing,
securing or maintaining that compensation, but not to exceed 6 years; and

(b) [The actual costs incurred by the system in reinstating the
policy, but not to exceed 10 percent of the premiums owed by the employer; and

(c)]
Interest at a rate determined pursuant to NRS 17.130 computed from the time
that the premiums should have been paid.

The money
collected pursuant to this subsection must be paid into the uninsured
employers claim fund.

2. The administrator shall deliver a copy of his
determination to the employer. An employer who is aggrieved by the
determination of the administrator may appeal from the determination pursuant
to subsection 2 of NRS 616D.220.

3. Any employer within the provisions of NRS 616B.633
who fails to provide, secure or maintain compensation as required by the terms
of chapters 616A to 616D, inclusive, of NRS, is:

(a) For the first offense, guilty of a misdemeanor.

(b) For a second or subsequent offense committed within 7
years after the previous offense, guilty of a category C felony and shall be
punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the
amount charged pursuant to subsection 1.

(a) Is the legal or beneficial owner of 25 percent or
more of a business which terminates operations while owing a premium , interest or penalty to
the system or a private carrier and becomes, or induces or procures another
person to become, the legal or beneficial owner of 25 percent or more of a new
business engaging in similar operations; or

(b) Knowingly aids or abets another person in carrying
out such conduct,

is liable in a civil action for the payment of any premium,
interest and penalties owed to the system or the private carrier and the
reasonable costs incurred by the system or private carrier to investigate and
act upon such conduct.

2. The system or private carrier shall not insure any
business which engages in the conduct described in subsection 1 unless the
premium and any interest and penalties owed to the [system or private carrier]prior insurer have
been paid[.] to that insurer.

3. As used in this section, business includes, but is
not limited to, a firm, sole proprietorship, voluntary association or private
corporation.

Sec. 34. NRS
616D.220 is hereby amended to read as follows:

616D.2201. If the
administrator finds that any employer or any employee, officer or agent of any
employer has knowingly:

(a) Made a false statement or has knowingly failed to
report a material fact concerning the amount of payroll upon which a premium is
based; or

(b) Misrepresented the classification or duties of an
employee,

he shall make a determination thereon and charge the
employers account an amount equal to [three times]
the amount of the premium [due.] that would have been due had the proper information been
submitted. The administrator shall deliver a copy of his
determination to the employer. The
money collected pursuant to this subsection must be paid into the uninsured
employers claim fund.

2. An employer who is aggrieved by the determination of
the administrator may appeal from the determination by filing a request for a
hearing. The request must be filed within 30 days after the date on which a
copy of the determination was delivered to the employer. The administrator
shall hold a hearing within 30 days after he receives the request. The
determination of the administrator made pursuant to a hearing is a final
decision for the purposes of judicial review. The amount of the determination
as finally decided by the administrator becomes due within 30 days after the
determination is served on the employer.

3. A person who knowingly:

(a) Makes a false statement or representation or who
knowingly fails to report a material fact concerning the amount of payroll upon
which a premium is based; or

(b) Misrepresents the classification or duties of an
employee,

is guilty of a gross misdemeanor. Any criminal penalty
imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 35. NRS
617.105 is hereby amended to read as follows:

617.105Any real estate
licensee doing business in this state and receiving wages, commissions or other
compensation based upon sales shall be deemed for the
purpose of this chapter to earn wages of [$900] $1,500 per month.

be deemed for the
purpose of this chapter to earn wages of [$900] $1,500 per month.

Sec. 36. NRS
617.207 is hereby amended to read as follows:

617.2071. If a quasi-public
or private corporation or limited-liability company is required to be insured
pursuant to this chapter, an officer of the corporation or a manager of the
company who:

(a) Receives pay for service performed shall be deemed
for the purposes of this chapter to receive a minimum pay of $6,000 per [calendar]
year the policy of industrial
insurance for the employer is effective and a maximum pay of
$36,000 per [calendar year.] year the policy of industrial insurance is effective.

(b) Does not receive pay for services performed shall be
deemed for the purposes of this chapter to receive a minimum pay of $500 per
month or $6,000 per [calendar year.] year the policy of industrial insurance is effective.

2. An officer or manager who does not receive pay for
services performed may elect to reject coverage by filing written notice
thereof with the corporation or company and the insurer. The rejection is
effective upon receipt of the notice by the insurer.

3. An officer or manager who has rejected coverage may
rescind that rejection by filing written notice thereof with the corporation or
company and the insurer. The rescission is effective upon receipt of the notice
by the insurer.

Sec. 37. NRS
617.401 is hereby amended to read as follows:

617.4011. The division shall designate one:

(a) Third-party
administrator who has a valid certificate issued by the commissioner pursuant
to NRS 683A.085; or

(b) Insurer,
other than a self-insured employer or association of self-insured public or
private employers,

to administer
claims against the uninsured employers claim fund. The designation must be
made pursuant to reasonable competitive bidding procedures established by the
administrator.

2. An
employee may receive compensation from the uninsured employers claim fund if:

(a) He was hired in this state or he is regularly
employed in this state;

(b) He contracts an occupational disease as a result of
work performed in this state;

(c) He files a claim for compensation with the division;
and

(d) He makes an irrevocable assignment to the division of
a right to be subrogated to the rights of the employee pursuant to NRS
616C.215.

[2.] 3. If the division receives a claim pursuant
to subsection [1,] 2, the division shall immediately notify the
employer of the claim.

[3.] 4. For the purposes of this section, the
employer has the burden of proving that he provided mandatory coverage for
occupational diseases for the employee or that he was not required to maintain
industrial insurance for the employee.

[4.] 5. Any employer who has failed to provide
mandatory coverage required by the provisions of this chapter is liable for all
payments made on his behalf, including, but not limited to, any benefits, administrative
costs or attorneys fees paid from the uninsured
employers claim fund or incurred by the division.

attorneys fees paid from the uninsured employers claim fund
or incurred by the division.

[5.] 6. The division:

(a) May recover from the employer the payments made by
the division that are described in subsection [4] 5 and any accrued
interest by bringing a civil action in district court.

(b) In any civil action brought against the employer, is
not required to prove that negligent conduct by the employer was the cause of
the occupational disease.

(c) May enter into a contract with any person to assist
in the collection of any liability of an uninsured employer.

(d) In lieu of a civil action, may enter into an
agreement or settlement regarding the collection of any liability of an
uninsured employer.

[6.] 7. The division shall:

(a) Determine whether the employer was insured within 30
days after receiving the claim from the employee.

(b) Assign the claim to the [system] third-party administrator or insurer
designated pursuant to subsection 1 for administration [of
the claim, payment of benefits and reimbursement of costs of administration and
benefits paid to the system. Upon determining that a claim is invalid, the
system] and
payment of compensation.

Upon determining
whether the claim is accepted or denied, the designated third-party
administrator or insurer shall notify the [claimant,] injured employee, the
named employer and the division [that the claim will not be assigned for benefits from the
uninsured employers claim fund.

7.] of its determination.

8. Upon
demonstration of the:

(a) Costs
incurred by the designated third-party administrator or insurer to administer
the claim or pay compensation to the injured employee; or

(b) Amount
that the designated third-party administrator or insurer will pay for
administrative expenses or compensation to the injured employee and that such
amounts are justified by the circumstances of the claim,

9. Any
party aggrieved by a [decision] determination regarding the administration of
an assigned claim or a [decision] determination made by the division or by the [system] designated third-party administrator or
insurer regarding any claim made pursuant to this section may
appeal that [decision] determination within 60 days after the [decision] determination is rendered
to the hearings division of the department of administration in the manner
provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.

[8.] 10. All insurers shall bear a proportionate
amount of a claim made pursuant to this chapter, and are entitled to a
proportionate amount of any collection made pursuant to this section as an
offset against future liabilities.

[9.] 11. An uninsured employer is liable for the
interest on any amount paid on his claims from the uninsured employers claim
fund. The interest must be calculated at a rate equal to the prime rate at the
largest bank in

Nevada, as ascertained by the commissioner of financial
institutions, on January 1 or July 1, as the case may be, immediately preceding
the date of the claim, plus 3 percent, compounded monthly, from the date the
claim is paid from the fund until payment is received by the division from the
employer.

[10.] 12. Attorneys fees recoverable by the
division pursuant to this section must be:

(a) If a private attorney is retained by the division,
paid at the usual and customary rate for that attorney.

(b) If the attorney is an employee of the division, paid
at the rate established by regulations adopted by the division.

Any money collected must be deposited to the uninsured
employers claim fund.

[11.] 13. In addition to any other liabilities
provided for in this section, the administrator may impose an administrative
fine of not more than $10,000 against an employer if the employer fails to
provide mandatory coverage required by the provisions of this chapter.

Sec. 38. NRS
209.189 is hereby amended to read as follows:

209.1891. The fund for prison
industries is hereby created as an enterprise fund to receive all revenues
derived from programs for vocational training and employment of offenders and
the operation of the prison farm and to receive all revenues raised by the
department from private employers for the leasing of space, facilities or
equipment within the institutions or facilities of the department of prisons.

2. Money in the fund must be maintained in separate
budgetary accounts, including at least one account for industrial programs and
one for the prison farm.

3. Subject to the approval of the state board of
examiners, the director may expend money deposited in this fund for the
promotion and development of these programs and the prison farm. The director
shall expend money deposited in this fund to pay [to the state industrial
insurance system] the premiums required for coverage of
offenders under the modified program of industrial insurance adopted pursuant
to NRS 616B.185.

4. The interest and income earned on the money in the
fund, after deducting any applicable charges, must be credited to the fund.

5. If money owed to the department for the leasing of
space, facilities or equipment within the institutions or facilities of the department
or for the purchase of goods or services, which must be deposited into the fund
for prison industries pursuant to subsection 1, is not paid on or before the
date due, the department shall charge and collect, in addition to the money
due, interest on the money due at the rate of 1.5 percent per month or fraction
thereof from the date on which the money became due until the date of payment.

Sec. 39. NRS
280.270 is hereby amended to read as follows:

280.270The county auditor or
comptroller of a county in which a department is located shall comply with the
provisions of NRS [616B.230] 616B.224 on behalf of the department.

Sec. 40. NRS
680A.200 is hereby amended to read as follows:

680A.2001. [The] Except as otherwise provided in NRS
616B.472, the commissioner may refuse to continue or may suspend,
limit or revoke an insurers certificate of authority if
he finds after a hearing thereon, or upon waiver of hearing by the insurer,
that the insurer has:

insurers certificate of authority if he finds after a
hearing thereon, or upon waiver of hearing by the insurer, that the insurer
has:

(a) Violated or failed to comply with any lawful order of
the commissioner;

(b) Conducted his business in an unsuitable manner;

(c) Willfully violated or willfully failed to comply with
any lawful regulation of the commissioner; or

(d) Violated any provision of this code other than one
for violation of which suspension or revocation is mandatory.

In lieu of such a suspension or revocation, the commissioner
may levy upon the insurer, and the insurer shall pay forthwith, an
administrative fine of not more than $2,000 for each act or violation.

2. Except as otherwise provided in chapter 696B of NRS,
the commissioner shall suspend or revoke an insurers certificate of authority
on any of the following grounds if he finds after a hearing thereon that the
insurer:

(a) Is in unsound condition, is being fraudulently
conducted, or is in such a condition or is using such methods and practices in
the conduct of its business as to render its further transaction of insurance
in this state currently or prospectively hazardous or injurious to
policyholders or to the public.

(b) With such frequency as to indicate its general
business practice in this state:

(1) Has without just cause failed to pay, or delayed
payment of, claims arising under its policies, whether the claims are in favor of
an insured or in favor of a third person with respect to the liability of an
insured to the third person; or

(2) Without just cause compels insureds or claimants
to accept less than the amount due them or to employ attorneys or to bring suit
against the insurer or such an insured to secure full payment or settlement of
such claims.

(c) Refuses to be examined, or its directors, officers,
employees or representatives refuse to submit to examination relative to its
affairs, or to produce its books, papers, records, contracts, correspondence or
other documents for examination by the commissioner when required, or refuse to
perform any legal obligation relative to the examination.

(d) Except as otherwise provided in NRS 681A.110, has
reinsured all its risks in their entirety in another insurer.

(e) Has failed to pay any final judgment rendered against
it in this state upon any policy, bond, recognizance or undertaking as issued
or guaranteed by it, within 30 days after the judgment became final or within 30
days after dismissal of an appeal before final determination, whichever date is
the later.

3. The commissioner may, without advance notice or a
hearing thereon, immediately suspend the certificate of authority of any
insurer as to which proceedings for receivership, conservatorship,
rehabilitation or other delinquency proceedings have been commenced in any
state by the public officer who supervises insurance for that state.

4. No proceeding to suspend, limit or revoke a
certificate of authority pursuant to this section may be maintained unless it
is commenced by the giving of notice to the insurer within 5 years after the
occurrence of the charged act or omission.

charged act or omission. This limitation does not apply if
the commissioner finds fraudulent or willful evasion of taxes.

Sec. 41. Section
11 of Senate Bill No. 92 of this session is hereby amended to read as follows:

Sec. 11. NRS
616B.095 is hereby amended to read as follows:

616B.095If
the provisions of NRS 616B.224 concerning thestate insurance fund, or the provisions of
chapters 616A to 616D, inclusive, or
chapter 617 of NRS making the compensation to the workman
provided in those chapters exclusive of any other remedy on the part of the
workman, [shall be] are held invalid, each of those chapters [shall] must be thereby
invalidated, except the provisions of NRS 616B.101, and an accounting according
to the justice of the case [shall] must be had on [moneys] money received. In other
respects an adjudication of invalidity of any part of this chapter or chapter
616A, 616C , [or]
616D or 617 of NRS [shall] must not affect the
validity of any of those chapters as a whole or any part thereof.

Sec. 42. Section
15 of Senate Bill No. 92 of this session is hereby amended to read as follows:

Sec. 15. NRS
616B.224 is hereby amended to read as follows:

616B.224 1. Every private
or public employer who is not a self-insured employer or a member of an
association of self-insured public or private employers shall, at intervals and
on or before dates established by his insurer, furnish the insurer with:

(a) A true and accurate
payroll showing:

(1) The total amount paid to
employees for services performed;

(2) The amount of tips reported to him by
every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20
or more; and

(3) A segregation of employment in
accordance with the requirements of the commissioner; and

(b) Any premium due pursuant
to the terms of the policy of industrial insurance.

The payroll reports and any
premium may be furnished to the insurer on different dates, as established by
the insurer.

2. Failure of any employer to comply
with the provisions of this section operates as a rejection of chapters 616A to
616D, inclusive, and chapter 617 of
NRS, effective on the date established by the insurer pursuant to subsection 1.
The insurer shall notify the administrator of each such rejection.

3. The insurer shall notify
any employer or his representative by first-class mail of any failure on his
part to comply with the provisions of this section. The notice or its omission
does not modify or waive the requirements or effective rejection of chapters
616A to 616D, inclusive, and chapter
617 of NRS as otherwise provided in those chapters.

4. The system may impose a
penalty not to exceed 10 percent of the premiums which are due for the failure
of an employer insured by the system to submit the information and premium
required in subsection 1 within the time allowed, unless
the employer has applied for and been granted an extension of that time by the
manager.

subsection 1 within the time
allowed, unless the employer has applied for and been granted an extension of
that time by the manager.

5. To the extent permitted
by federal law, the insurer shall vigorously pursue the collection of premiums
that are due under the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS even if
an employers debts have been discharged in a bankruptcy proceeding.

6. Every
employer insured by the system shall pay its premiums to the state insurance
fund. All money received by the system pursuant to this section must be
deposited with the state treasurer to the credit of the state insurance fund.

Sec. 43. Section
41 of Senate Bill No. 92 of this session is hereby amended to read as follows:

Sec. 41. NRS
616D.050 is hereby amended to read as follows:

616D.050 1. Appeals
officers, the administrator and the administrators designee, in conducting
hearings or other proceedings pursuant to the provisions of chapters 616A to
616D, inclusive, or chapter 617 of
NRS or regulations adopted pursuant to those chapters may:

(a) Issue subpoenas
requiring the attendance of any witness or the production of books, accounts,
papers, records and documents.

(b) Administer oaths.

(c) Certify to official
acts.

(d) Call and examine under
oath any witness or party to a claim.

(e) Maintain order.

(f) Rule upon all questions
arising during the course of a hearing or proceeding.

(g) Permit discovery by
deposition or interrogatories.

(h) Initiate and hold
conferences for the settlement or simplification of issues.

(i) Dispose of procedural
requests or similar matters.

(j) Generally regulate and
guide the course of a pending hearing or proceeding.

2. Hearing officers, in
conducting hearings or other proceedings pursuant to the provisions of chapters
616A to 616D, inclusive, or
chapter 617 of NRS or regulations adopted pursuant to those
chapters, may:

(a) Issue subpoenas
requiring the attendance of any witness or the production of books, accounts,
papers, records and documents that are relevant to the dispute for which the
hearing or other proceeding is being held.

(b) Maintain order.

(c) Permit discovery by
deposition or interrogatories.

(d) Initiate and hold
conferences for the settlement or simplification of issues.

(e) Dispose of procedural
requests or similar matters.

(f) Generally
regulate and guide the course of a pending hearing or proceeding.

Sec. 44. Section
43 of Senate Bill No. 92 of this session is hereby amended to read as follows:

Sec. 43. NRS
616D.080 is hereby amended to read as follows:

616D.080 1. Each officer
who serves a subpoena is entitled to receive the same fees as a sheriff.

2. Each witness who
appears, in obedience to a subpoena which has been issued pursuant to this
chapter or chapter 616A, 616B , [or]
616C or 617 of NRS,
before an appeals officer, a hearing officer, the administrator or the
administrators designee, is entitled to receive for his attendance the fees
and mileage provided for witnesses in civil cases in courts of record. For
subpoenas issued on behalf of this state or an officer or agency thereof, the
fees and mileage are not required to be tendered at the same time that the
subpoena is delivered to the person named therein.

(a) Authorize payment from
his administrative budget of the fees and mileage due to such a witness; or

(b) Impose those costs upon
the party at whose instance the witness was subpoenaed or, for good cause
shown, upon any other party.

Sec. 45. Section
1 of Senate Bill No. 175 of this session is hereby amended to read as follows:

Section 1.
NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the
administrator finds that an employer within the provisions of NRS 616B.633 has
failed to provide and secure compensation as required by the terms of chapters
616A to 616D, inclusive, or chapter 617of NRS or that the employer has provided and
secured that compensation but has failed to maintain it, he shall make a
determination thereon and may charge the employer an amount equal to the sum
of:

(a) The premiums that would
otherwise have been owed to the system or a private carrier pursuant to the
terms of chapters 616A to 616D, inclusive, or chapter 617of NRS for the period that the employer was doing
business in this state without providing, securing or maintaining that
compensation, but not to exceed 6 years; and

(b) Interest at a rate
determined pursuant to NRS 17.130 computed from the time that the premiums
should have been paid.

The money collected pursuant to
this subsection must be paid into the uninsured employers claim fund.

2. The administrator shall
deliver a copy of his determination to the employer. An employer who is
aggrieved by the determination of the administrator may appeal from the
determination pursuant to subsection 2 of NRS 616D.220.

3. Any employer within the
provisions of NRS 616B.633 who fails to provide, secure or maintain
compensation as required by the terms of chapters 616A to 616D, inclusive, or
chapter 617of NRS, [is:

(b) For a second or subsequent offense committed within
7 years after the previous offense, guilty of a category C felony and shall be
punished as provided in NRS 193.130.] shall be punished as follows:

(a) Except as otherwise provided in paragraph (b), if
it is a first offense, for a misdemeanor.

(b) If it is a first offense and, during the period the
employer was doing business in this state without providing, securing or
maintaining compensation, one of his employees suffers an injury arising out of
and in the course of his employment that results in substantial bodily harm to
the employee or the death of the employee, for a category C felony punishable
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 5 years and by a fine of not less than $1,000
nor more than $50,000.

(c) If it is a second or subsequent offense committed
within 7 years after the previous offense, for a category C felony punishable
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 5 years and by a fine of not less than
$1,000 nor more than $50,000.

4. In addition to any other penalty imposed pursuant
to paragraph (b) or (c) of subsection 3, the court shall order the employer to:

(a) Pay restitution to an insurer who has incurred
costs as a result of the violation in an amount equal to the costs that have
been incurred minus any costs incurred that have otherwise been recovered; and

(b) Reimburse the uninsured employers claim fund for
all payments made from the fund on the employers behalf, including any
benefits, administrative costs or attorneys fees paid from the fund, that have
not otherwise been recovered pursuant to NRS 616C.220.

5. Any criminal penalty imposed pursuant to subsections 3 and 4 must
be in addition to the amount charged pursuant to subsection 1.

Sec. 46. Senate Bill No. 175 of this session is
hereby amended by adding thereto a new section designated sec. 2, following
section 1, to read as follows:

3. Section 13 of
this act becomes effective at 12:02 a.m. on July 1, 1999.

________

κ1999
Statutes of Nevada, Page 1740κ

CHAPTER 384, SB 537

Senate Bill No.
537Committee on Government Affairs

CHAPTER 384

AN ACT relating to taxation; providing for the revision
of the provisions governing tax abatements for certain businesses to provide
uniformity in the criteria for qualification; and providing other matters
properly relating thereto.

[Approved May 29, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 360 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. A person who intends to locate or
expand a business in this state may apply to the commission on economic
development for a partial abatement of one or more of the taxes imposed on the
new or expanded business pursuant to chapter 361, 364A or 374 of NRS.

2. The commission on economic development
shall approve an application for a partial abatement if the commission makes
the following determinations:

(a) The business is consistent with:

(1) The state plan for industrial development and
diversification that is developed by the commission pursuant to NRS 231.067;
and

(2) Any guidelines adopted pursuant to the state
plan.

(b) The applicant has executed an
agreement with the commission which states that the business will, after the
date on which a certificate of eligibility for the abatement is issued pursuant
to subsection 5, continue in operation in this state for a period specified by
the commission, which must be at least 5 years, and will continue to meet the
eligibility requirements set forth in this subsection. The agreement must bind
the successors in interest of the business for the specified period.

(c) The business is registered pursuant
to the laws of this state or the applicant commits to obtain a valid business
license and all other permits required by the county, city or town in which the
business operates.

(d) Except as otherwise provided in NRS
361.0687, if the business is a new business in a county or city whose
population is 50,000 or more, the business meets at least two of the following
requirements:

(1) The business will have 75 or more full-time
employees on the payroll of the business by the fourth quarter that it is in
operation.

(2) Establishing the business will require the
business to make a capital investment of at least $1,000,000 in this state.

(3) The average hourly wage that will be paid by
the new business to its employees in this state is at least 100 percent of the
average statewide hourly wage as established by the employment security
division of the department of employment, training and rehabilitation on July 1
of each fiscal year and:

(I) The business will provide a health
insurance plan for all employees that includes an option for health insurance
coverage for dependents of the employees; and

(II) The cost to the business for the benefits
the business provides to its employees in this state will meet the minimum
requirements for benefits established by the commission by regulation pursuant
to subsection 9.

(e) Except as otherwise provided in NRS
361.0687, if the business is a new business in a county or city whose
population is less than 50,000, the business meets at least two of the
following requirements:

(1) The business will have 25 or more full-time
employees on the payroll of the business by the fourth quarter that it is in
operation.

(2) Establishing the business will require the
business to make a capital investment of at least $250,000 in this state.

(3) The average hourly wage that will be paid by
the new business to its employees in this state is at least 100 percent of the
average statewide hourly wage as established by the employment security
division of the department of employment, training and rehabilitation on July 1
of each fiscal year and:

(I) The business will provide a health
insurance plan for all employees that includes an option for health insurance
coverage for dependents of the employees; and

(II) The cost to the business for the benefits
the business provides to its employees in this state will meet the minimum
requirements for benefits established by the commission by regulation pursuant
to subsection 9.

(f) If the business is an existing
business, the business meets at least two of the following requirements:

(1) The business will increase the
number of employees on its payroll by 10 percent more than it employed in the
immediately preceding fiscal year or by six employees, whichever is greater.

(2) The business will expand by making a
capital investment in this state in an amount equal to at least 20 percent of
the value of the tangible property possessed by the business in the immediately
preceding fiscal year. The determination of the value of the tangible property
possessed by the business in the immediately preceding fiscal year must be made
by the:

(I) County assessor of the county in which the
business will expand, if the business is locally assessed; or

(II) Department, if the business is centrally
assessed.

(3) The average hourly wage that will be
paid by the existing business to its new employees in this state is at least
100 percent of the average statewide hourly wage as established by the
employment security division of the department of employment, training and
rehabilitation on July 1 of each fiscal year and:

(I) The business will provide a health
insurance plan for all new employees that includes an option for health
insurance coverage for dependents of the employees; and

(II) The cost to the business for the benefits
the business provides to its new employees in this state will meet the minimum
requirements for benefits established by the commission by regulation pursuant
to subsection 9.

3. Notwithstanding the provisions of
subsection 2, the commission on economic development may:

(a) Approve an application for a partial abatement by a
business that does not meet the requirements set forth in paragraph (d), (e) or
(f) of subsection 2;

(b) Make the requirements set forth in paragraph (d),
(e) or (f) of subsection 2 more stringent; or

(c) Add additional requirements that a business must
meet to qualify for a partial abatement,

if the commission determines that such action is necessary.

4. If a person submits an application
to the commission on economic development pursuant to subsection 1, the
commission shall provide notice to the governing body of the county and the
city or town, if any, in which the person intends to locate or expand a
business. The notice required pursuant to this subsection must set forth the
date, time and location of the hearing at which the commission will consider the
application.

5. If the commission on economic development approves
an application for a partial abatement, the commission shall immediately
forward a certificate of eligibility for the abatement to:

(a) The department;

(b) The Nevada tax commission; and

(c) If the partial abatement is from the property tax
imposed pursuant to chapter 361 of NRS, the county treasurer.

6. An applicant for a partial abatement pursuant to
this section or an existing business whose partial abatement is in effect
shall, upon the request of the executive director of the commission on economic
development, furnish the executive director with copies of all records
necessary to verify that the applicant meets the requirements of subsection 2.

7. If a business whose partial
abatement has been approved pursuant to this section and is in effect ceases:

(a) To meet the requirements set forth in subsection 2;
or

(b) Operation before the time specified in the agreement
described in paragraph (b) of subsection 2,

the business shall repay to the department or, if the
partial abatement was from the property tax imposed pursuant to chapter 361 of
NRS, to the county treasurer, the amount of the exemption that was allowed
pursuant to this section before the failure of the business to comply unless
the Nevada tax commission determines that the business has substantially
complied with the requirements of this section. The business is also required
to pay interest on the amount due at the rate most recently established
pursuant to NRS 99.040 for each month, or portion thereof, from the last day of
the month following the period for which the payment would have been made had
the partial abatement not been approved until the date of payment of the tax.

8. A county treasurer:

(a) Shall deposit any money that he receives pursuant to
subsection 7 in one or more of the funds established by a local government of
the county pursuant to NRS 354.611, 354.6113 or 354.6115; and

(b) May use the money deposited pursuant to paragraph
(a) only for the purposes authorized by NRS 354.611, 354.6113 and 354.6115.

9. The commission on economic
development:

(a) Shall adopt regulations regarding:

(1) The minimum level of benefits that a business
must provide to its employees if the business is going to use benefits paid to
employees as a basis to qualify for a partial abatement; and

(2) The notice that must be provided pursuant to
subsection 4.

(b) May adopt such other regulations as the commission
on economic development determines to be necessary to carry out the provisions
of this section.

10. The Nevada tax commission:

(a) Shall adopt regulations regarding:

(1) The capital investment that a new business must
make to meet the requirement set forth in paragraph (d) or (e) of subsection 2;
and

(2) Any security that a business is required to
post to qualify for a partial abatement pursuant to this section.

(b) May adopt such other regulations as the Nevada tax
commission determines to be necessary to carry out the provisions of this
section.

11. An applicant for an abatement who
is aggrieved by a final decision of the commission on economic development may
petition for judicial review in the manner provided in chapter 233B of NRS.

Sec. 2. NRS
361.0687 is hereby amended to read as follows:

361.06871. A person who
intends to locate or expand a business in this state may , pursuant to section 1 of this act, apply to
the commission on economic development for a partial abatement from the taxes
imposed by this chapter . [on
the personal property of the new or expanded business.

2. The
commission on economic development may approve an application for a partial
abatement if the commission makes the following determinations:

(a) The goals
of the business are consistent with the goals of the commission and the
community concerning industrial development and diversification.

(b) The
abatement is a significant factor in the decision of the applicant to locate or
expand a business in this state or the appropriate affected local government
determines that the abatement will be beneficial to the economic development of
the community.

(c) The
average hourly wage which will be paid by the new or expanded business to its
employees in this state is at least 125 percent of the average statewide
industrial hourly wage as established by the employment security division of
the department of employment, training and rehabilitation on July 1 of each
fiscal year.

(d) The
business will provide a health insurance plan for all employees that includes
an option for health insurance coverage for dependents of the employees.

(e) The cost
to the business for the benefits the business provides to its employees in this
state will meet the minimum requirements for benefits established by the
commission pursuant to subsection 8.

(f) A capital
investment for personal property will be made to locate or expand the business
in Nevada which is at least:

(1) If
the personal property directly related to the establishment of the business in
this state is primarily located in a county whose population:

(I) Is
100,000 or more, $50,000,000.

(II)
Is less than 100,000, $20,000,000.

(2) If
the personal property directly related to the expansion of the business is
primarily located in a county whose population:

(I) Is
100,000 or more, $10,000,000.

(II)
Is less than 100,000, $4,000,000.

(g) The
business will create at least the following number of new, full-time and
permanent jobs in the State of Nevada by the fourth quarter that it is in
operation:

(1) If a
new business will be primarily located in a county whose population:

(I) Is
100,000 or more, 100 jobs.

(II)
Is less than 100,000, 35 jobs.

(2) If
an expanded business will be primarily located in a county whose population:

(I) Is
100,000 or more, and the business has at least 100 employees in this state, 20
jobs. An expanded business primarily located in such a county that has less
than 100 employees is not eligible for a partial abatement pursuant to this section.

(II)
Is less than 100,000, and the business has at least 35 employees in this state,
10 jobs. An expanded business primarily located in such a county that has less
than 35 employees is not eligible for a partial abatement pursuant to this
section.

(h) For the
expansion of a business primarily located in a county whose population:

(1) Is
100,000 or more, the book value of the assets of the business in this state is
at least $20,000,000.

(2) Is
less than 100,000, the book value of the assets of the business in this state
is at least $5,000,000.

(i) The
business is registered pursuant to the laws of this state or the applicant
commits to obtain a valid business license and all other permits required by
the county, city or town in which the business operates.

(j) The
proposed abatement has been approved by the governing body of the appropriate
affected local government as determined pursuant to the regulations adopted
pursuant to subsection 8. In determining whether to approve a proposed abatement,
the governing body shall consider whether the taxes to be paid by the business
are sufficient to pay for any investment required to be made by the local
government for services associated with the relocation or expansion of the
business, including, without limitation, costs related to the construction and
maintenance of roads, sewer and water services, fire and police protection and
the construction and maintenance of schools.

(k) The
applicant has executed an agreement with the commission which states that the
business will continue in operation in Nevada for 10 or more years after the
date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5 and will continue to meet the
eligibility requirements contained in this subsection.

issued pursuant
to subsection 5 and will continue to meet the eligibility requirements
contained in this subsection. The agreement must bind the successors in
interest of the business for the required period.

3. An
applicant shall, upon the request of the executive director of the commission
on economic development, furnish him with copies of all records necessary to
verify that the applicant meets the requirements of subsection 2.

4. The
percentage of the abatement must be 50 percent of the taxes payable each year.

5. If an
application for a partial abatement is approved, the commission on economic development
shall immediately forward a certificate of eligibility for the abatement to:

(a) The
department; and

(b) The
county assessor of each county in which personal property directly related to
the establishment or expansion of the business will be located.

6. Upon
receipt by the department of the certificate of eligibility, the taxpayer is
eligible for an abatement from the tax imposed by this chapter for 10 years:

(a) For the
expansion of a business, on all personal property of the business that is
located in Nevada and directly related to the expansion of the business in this
state.

(b) For a new
business, on all personal property of the business that is located in Nevada
and directly related to the establishment of the business in this state.

7. If a
business for which an abatement has been approved is not maintained in this
state in accordance with the agreement required in subsection 2, for at least
10 years after the commission on economic development approved the abatement,
the person who applied for the abatement shall repay to the county treasurer or
treasurers who would have received the taxes but for the abatement the total
amount of all taxes that were abated pursuant to this section. The person who
applied for the abatement shall pay interest on the amount due at the rate of
10 percent per annum for each month, or portion thereof, from the last day of
the month following the period for which the payment would have been made if
the abatement had not been granted until the date of the actual payment of the
tax.

8. A county
treasurer:

(a) Shall
deposit any money that he receives pursuant to subsection 7 in one or more of
the funds established by a local government of the county pursuant to NRS
354.611, 354.6113 or 354.6115; and

(b) May use
the money deposited pursuant to paragraph (a) only for the purposes authorized
by NRS 354.611, 354.6113 and 354.6115.

9. The
commission on economic development shall adopt regulations necessary to carry
out the provisions of this section. The regulations must include, but not be
limited to:

(a) A method
for determining the appropriate affected local government to approve a proposed
abatement and the procedure for obtaining such approval; and

11. An
applicant for an abatement who is aggrieved by a final decision of the
commission on economic development may petition for judicial review in the
manner provided in chapter 233B of NRS.]

2. For a
business to qualify pursuant to section 1 of this act for a partial abatement
from the taxes imposed by this chapter, the commission on economic development
must determine that, in addition to meeting the other requirements set forth in
subsection 2 of that section:

(a) If the
business is a new business in a county or city whose population is 50,000 or
more:

(1) The
business will make a capital investment in the county of at least $50,000,000
if the business is an industrial or manufacturing business or at least
$5,000,000 if the business is not an industrial or manufacturing business; and

(2) The
average hourly wage that will be paid by the new business to its employees in
this state is at least 100 percent of the average statewide hourly wage as
established by the employment security division of the department of
employment, training and rehabilitation on July 1 of each fiscal year.

(b) If the
business is a new business in a county or city whose population is less than
50,000:

(1) The
business will make a capital investment in the county of at least $5,000,000 if
the business is an industrial or manufacturing business or at least $500,000 if
the business is not an industrial or manufacturing business; and

(2) The
average hourly wage that will be paid by the new business to its employees in
this state is at least 100 percent of the average statewide hourly wage as
established by the employment security division of the department of
employment, training and rehabilitation on July 1 of each fiscal year.

3. If a
partial abatement from the taxes imposed by this chapter is approved by the
commission on economic development pursuant to section 1 of this act: